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JAN 10 V9S0 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



'«--.•. 



EXECUTIVE ORDER 



PROPOSED RULES 



A 



'U 



W" 



Agriculture 

Economic and Community Development 

Environment, Health, and 
Natural Resources 

State Personnel 



ISSUE DATE: JANUARY 2, 1990 



Volume 4 • Issue 19 • Pages 892-929 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
\arious state officials and institutions. The North CaroHna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the Nortli Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Caroli)ia Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a I'eference to the Statutory 
Authority for the action and the proposed effecti\e date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Di\'ision of the Office of 
Administrati\e Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\ides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Registerheiore the agency 
ma>' conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for appro\al by 
the Administratixe Rules Review Commission. Upon ap- 
pro\al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted \ersion will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effecti\e 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn b>' the 
promulgating agency at any time before final action is 
taken b\' the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effecti\e ^^■hen adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrati\'e rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size 
single spaced pages of material of which approximate- 
ly 35% is changed annuallv. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken do\vn by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
dividual volumes may also be purchased with 
supplement service. Renewal subscriptions for 
supplements to the initial publication available 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited bv \olume. issue 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 ol 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement senice by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions se\en hundred and fifty dollars 
($750.00). Individual \olumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




OJfice of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, SC 27604 

(919) 733 - 2678 



I. EXECUTIVE ORDER 

Executive Order 99 892 



II. PROPOSED RULES 

Agriculture 

Plant Industry' 895 

Economic and Community 

Development 

Departmental Rules 901 

Environment, Health, and 

Natural Resources 

Wildlife Resources 

Commission 903 

State Personnel 

State Personnel Commission ...923 



III. CUMULATIVE INDEX 927 



Julian Mann, III 

Director 
James R. .Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatnck, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



NORTH CAROLINA REGISTER 

Publication Schedule 

(January- 1990 - December 1991) 



Issue 


Last Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


I learing & 
Adoption by 
Agency 


Date 


+**+++** 


+*++++++ 


++*+++*+ 


+++*+*++ 


++++++++ 


01/02,90 


12/07,89 


12/14/89 


02/01/90 


05/01/90 


01/16;90 


12 20 89 


12/29,89 


02/15/90 


05, 01/90 


0201,90 


01/10/90 


01/1890 


03/03/90 


06/01/90 


02/15,90 


01/25/90 


02,/01/90 


03/17/90 


06/01/90 


03/01/90 


0208/90 


02/15/90 


03/31 '90 


07/01/90 


03/15;90 


02 '22/90 


0301/90 


04/14/90 


07/01 90 


04 02 90 


03/12/90 


03/19,90 


05/02/90 


08 01/90 


05,01 90 


04/09/90 


04' 17 '90 


05/31/90 


09,01/90 


06/01,90 


05/10/90 


05 17,90 


07/01 90 


10/01 90 


07/02/90 


06/11/90 


06 18,90 


08,01/90 


11/01/90 


08/01/90 


07/11/90 


07/ 18 '90 


08/31/90 


12/01/90 


09 04 90 


08/13/90 


08 '20 90 


10,04 90 


01 01/91 


10,01,90 


09,10,90 


09 17,90 


10/31/90 


02/01,91 


11/01,90 


10' 11/90 


10 18,90 


1 1 /30/90 


03/01/91 


12,' 03 90 


11/08/90 


1115,90 


01/02/91 


04/01/91 


01/02,91 


12/07/90 


12/ 14; 90 


02/01/91 


05/01/91 


02/01/91 


01 10/91 


01/18/91 


03/03/91 


06/01/91 


03/01 91 


02 08 91 


02/15 91 


03 '3 1/91 


07 01/91 


04,01,91 


03 11 91 


03/18 91 


05 01 91 


08 01/91 


05/01,91 


04/10/91 


04/17,91 


05,31/91 


09/01/91- 


06,/03/91 


05 10 91 


05/17/91 


07 03/91 


10/01/91 


07/01,91 


06 10, 91 


06/17/91 


07/31/91 


11/01/91 


08/01/91 


07 11'91 


07/18/91 


08/31/91 


12/01/91 


09 03, 91 


08 12 91 


08/19 91 


10 03 91 


01 01/92 


10,01,91 


09 10,91 


09/17,91 


10,31,91 


02 01,92 


11/01/91 


10/11/91 


10/18/91 


12/01/91 


03/01/92 


12/02/91 


11,07/91 


11 14 91 


01/01/92 


04 01/92 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the nde at the next calendar month meeting. 



EXECUTIVE ORDER 



EXECUTIVE ORDER NLMBER 99 

GOVERNOR'S COMMISSION ON REDUCTION 
OF INFANT MORTALITY 

Whereas, the State of North Carolina has the 
highest infant mortality rate among the states; 
and 

Whereas, the infant mortality rate increased 
from 11.6 deaths to 12.1 deaths per 1,000 live 
births between 1986 and 1987, a four and three- 
tenths percent (4.3%) increase; and 

Wliereas, the infant mortality rate increased 
from 12.1 deaths to 12.6 deaths per 1,000 live 
births between 1987 and 1988, a four and one- 
tenth percent (4.1%) increase; and 

Whereas, babies who are bom prematurely or 
weigh less than 5 1/2 pounds at birth are 40 times 
more likely to die within the first month of life 
as are nonnal weight babies; and 

Whereas, the cost of intensive care for one low 
birth weight infant ranges from $30,000 to several 
hundred thousand dollars in a neonatal intensi\e 
care nursery to sa\e its life; and 

W^iercas, premature infants are at a high risk for 
long-term handicapping conditions including 
mental retardation, cerebral palsy, and blindness, 
which often require continued support from tax 
dollars for their care; and 

Whereas, the cost of intensive neonatal care for 
five low birth weight babies would pay for the 
prenatal care of 149 women; and 

Whereas, in November 1988, two reports were 
released which outlined problems and made de- 
finitive recommendations concerning the prob- 
lems of infant mortality and prenatal care, one 
report having been prepared by the North 
Carolina Department of Human Resources In- 
fant Mortality Task Force and the second by the 
North Carolina Institute of Medicine's Task 
Force to Reduce Infant Mortality and Morbidity; 
and 

Whereas, one of the high priority recommen- 
dations listed in both reports is the initiation of 
a coordinated effort among state and local agen- 
cies and the business community particularly to 
educate the pubhc concerning prenatal care as 
well as other efforts to promote the birth of 
healthy babies and reduce infant mortality in the 
State of North Carolina; NOW, TllFREFORF, 

By the authority vested in me as Governor by 
the Constitution and laws of North Carolina it 
is 0RDFR1:D: 

Section I. Establishment. I hcreb>' establish 
the Governor's Commission on Reduction of 
Infant Mortality. 



Section 2. Membership. The Commission 
shall consist of not less than 27 members. The 
Governor of North Carolina shall appoint at 
least 25 persons as members of the Commission. 
These 25 appointees shall be distributed as fol- 
lows; 

No. of Appointees Representing 

3 Organizations or associations 

described in Chapter 61 of the 
North Carolina General 
Statutes and qualified under 
Sec. 501(c)(3) of the Internal 
Revenue Code of 1986. 

3 the various professions, 

businesses, and industries 
doing business in North 
Carohna 

3 members of the general public 

Public education 
the North Carolina Nurses 
Association 

the North Carolina Society of 
Public Health Educators 
the North Carolina Association 
of Local Health Directors 
the School of Public lleaUh, 
University of North Carolina 
(Chapel HiU) 

the North Carolina Academy 
of Family Physicians 
the North Carolina Pediatric 
Society 

the North Carolina Obstetrics 
and Gynecology Society 
the North Carolina Hospital 
Association 

the North Carolina Perinatal 
Association 

N.C. Chapter, /Vmerican 
College of Nurse - Midwives 
other Health Care Pro\ider 
Professions 

In addition to the above members, the Go\'er- 
nor shall seek recommendations from the fol- 
lowing groups for the purpose of making the 
following appointments; 

No. of Appointees Representing 

2 the North Carolina Institute 

of Medicine 

2 the North Carolina Chapters 

of the March of Dimes Birth 
Defects Foundation 



NORTH CAROLINA REGISTER 



S92 



EXECUTIVE ORDER 



The Speaker of the House of Representatives 
of the North Carolina General Assembly shall 
appoint one member who shall be, at the time 
of appointment, a duly elected and serving 
member of the House of Representatives of the 
North Carolina General Assembly. 

The President of the Senate of the North 
Carolina Cjeneral Assembly shall appoint one 
member uho shall be, at the time of appoint- 
ment, a duly elected and serving member of the 
Senate of the North Carolina General Assembly. 

Section 3. Chairmanship and Terms. The 
Governor shall designate from the membership 
a Chairperson and Vice-Chairperson of the 
Commission. Members totalling one-third (1 3) 
or less of the total membership of the Commis- 
sion shall be appointed to initial terms of one (1) 
year each. Members totalling one-third (1 3) or 
less of the total membership of the Commission 
shall be appointed to initial terms of two (2) 
years each. The remaining members shall be 
appointed to initial terms of three (3) years each. 
.After completion of these initial terms, all ap- 
pointees shall be appointed to terms of three (3) 
years each. Members may be reappointed for 
additional terms. The Governor shall designate 
the length of each members' initial term pursuant 
to this section. During their terms all members 
serve at the pleasure of the Governor. .All \a- 
cancics shall be tilled by the appointing authority 
for the remainder of the unexpired term. 

Section 4. Meetings. The Commission shall 
meet at least once each calendar quarter and at 
other times as directed by the Governor or upon 
call b_\' the Chairperson. 

Section 5. Duties and Powers. The Commis- 
sion shall pcrtbrm such duties as assi^ed by the 
Governor. It shall ha\e the following specific 
duties, powers and functions: 

(1) .\d\ise the Governor and the Secretar\" of 
the Department of En\ironment. Health and 
Natural Resources on measures necessary to 
reduce current rates of infant mortalits' and 
morbidity. 

(2) .Assess e>dsting programs concerning pre- 
conceptional health of women througli 
health and welfare of infants dunng the first 
>ear of life, including prenatal care, whether 
such programs be public or private. A pn- 
mary goal of this assessment shall be the 
elimination of dupHcation and gaps in es- 
tablishing effective, efficient delivery of ser- 
vices. 



(3) Facilitate coordination of existing and/or 
proposed state and local programs relating 
to prenatc'd care and reduction of infant 
mortality and morbidity. 

(4) Determine whether such existing programs 
as outlined above are in need of assistance 
in carrying out their purpose and to deter- 
mine whether such programs in need of as- 
sistance would effectively benefit from such 
assistance as the Commission, through its 
association with any private, non-profit cor- 
poration referred to in Section 6, is able to 
give. 

(5) Promote programs among business and in- 
dustry within the state which, if imple- 
mented and utilized by employees, w^ould 
have a beneficial effect upon maternal and 
infant health. 

Section 6. Public Private Partnership. The 
Commission may, in its discretion, associate itself 
with and work in conjunction with a private, 
non-profit organization organized pursuant to 
the provisions of Chapter 55A of the North 
Carolina General Statutes (and for which tax ex- 
empt status under the Internal Revenue Code of 
1986 and under the Revenue Laws of the State 
of North Carolina shaO have been granted), 
which organization shall have as its purpose the 
furtherance of the goals of this Order and the 
Commission. The Commission shall not seek 
funds from the State of North Carolina for ap- 
propriation to any entity referred to under this 
Section. 

Section 7. Cooperation of State Agencies. .AH 
state agencies, departments, and officials shall 
cooperate with the Commission and provide 
such technical advice, information, and other as- 
sistance as the Commission shall request. 

Section 8. Consultation with f xisting Public 
Policy Groups. In carr.mg out its duties and 
functions the Commission shall consult with the 
Institute of Medicine and, in the discretion of the 
Commission, any other medical or public or pri- 
vate groups which have conducted studies or 
have expertise in the area of infant mortality in 
North Carolina. 

Section ^. .Xdministrative Support and Ex- 
penses. The administrative support tor the 
Commission shall be provided by the Depart- 
ment of linvironment. Health and Natural Re- 
sources. 

Section 10. .Annual Report. The Commission 
shall, promptly following the close of each cal- 



,V9.? 



\ORTH CAROLINA REGISTER 



EXECUTIVE ORDER 



endar year, submit an annual report of its activ- 
ities for the preceding year to the Governor the ^-his Order is effective this the 13th day of De- 
Lieutenant Governor, and the Speaker or the , ,qoq 
House of Representatives of the North Carolina cemoer, ivoy. 
General Assembly. 



NORTH CAROLINA REGISTER S94 



PROPOSED RULES 



I ITLi: 2 - DKPAR IMEM OF 
AGRICULTURE 



No 



oticc is hereby given in accordance with G.S. 
I50B-I2 that the Genetic Engineering Review 
Board intends to adopt rules cited as 2 NCAC 
48E .0101; .0201: .0301 - .0305; .0401 - .0403; 
.050/ - .0503. 

1 he proposed effective date of this action is June 
I, 1990. 

I he public hearing will be conducted at J .30 
p.m. on February 13, 1990 at Conference Room. 
L.Y. Ballcnline Bldg., 2109 Blue Ridge Rd.. 
Raleigh, SC 27612. 

(_ omrnent Procedures: Written comments con- 
cerning the proposed ndes may be submitted by 
Febmary 28, 1990 to: Genetic Engineering Review 
Board, N.C. Department of Agriculture. P.O. Box 
27647, Raleigh, NC 27611, Attn: Bill Dickerson. 
Oral comments may be presented at the hearing. 
Further information on the proposed rules may be 
obtained by contacting Mr. Dickerson at the above 
address, or call (919) 733-6930. 

CMAI'IKK 48 - PLANT INDLSTRY 

SI BCIIAPTP:R 48E - GKNFTICAl.I.Y 
KN(;iNKKKFD OR(,AMSMS 

SECTION .0100 - DEFINITIONS 

.0101 DEFINITIONS 

As used in this Subchapter: 

(1) "Adverse effect" means physical injur,' to 
agriculture, public health or the environ- 
ment. 

(2) "Application notice date" means the date 
of the last newspaper publication of notice 
of a proposed release or commercial use, as 
provided for in 2 NCAC 48E .0304(c)(1). 

(3) "Board" means the Genetic Engineering 
Review Board. 

(4) "Commercial use" means the sale, offering 
for sale, or distribution of a genetically engi- 
neered organism. 

(5) "Commissioner" means the Commissioner 
of Agriculture. 

(6) "Confidential business information" means 
trade secrets, proprictar\' information, finan- 
cial data, and other infomiation which the 
applicant has a reasonable need to shield 
from competitors, but shall not include in- 
formation regarding the adverse effects of a 
proposed release of an\' organism, nor shall 



it include any information which has been 
submitted but not designated as confidential 
for the purposes of any corresponding ap- 
plication or notice filed with a federal 
agency. 

(7) "Contained facility" is one that complies 
with applicable National Institutes of I lealth 
(NIH) Guidelines for Research Involving 
Recombinant DNA Molecules: Appendix 
G or Appendix K or United States Depart- 
ment of Agriculture (US DA) Plant Pro- 
tection and Quarantine Guidelines for 
Containment of Plant Pests Under Permit. 
Where a facihty is of a type not covered by 
these NIH or USDA guidelines, a "con- 
tained facility" is one that has been deter- 
mined by the Conmiissioner to be 
adequately contained. 

(8) "Genetic engineering" means the intro- 
duction of new genetic material to an 
organism or the regrouping of an organism's 
genes, except for the breeding of plants, ani- 
mals and other organisms by traditional 
methods. The following activities are not 
considered to be genetic engineering and no 
permit is required for the release of 
organisms produced by such methods: 

(a) Artificial insemination; 

(b) Hand poUination; 

(c) Genetic manipulation of microorganisms 
by traditional methods such as conju- 
gation, transformation or transduction; 

(d) Classical selection procedures based on 
sexual reproduction; 

(e) SomaclonaJ variant selection; 

(f) Selection of spontaneous mutants; 

(g) Embryo rescue; 
(h) Supero\'ulation; 

(i) Embr>o transfer within species; 
(j) Mutagenesis induced by chemicals, radi- 
ation or transposons; 
(k) Protoplast fusion; 
(!) Vaccination with a non-replicating moiety. 

(9) "Genetically engineered organism" means 
any hving animal, plant, bacterium, 
cyanobacterium, fungus, protist or virus de- 
rived from genetic engineering as defined in 
this Rule. 

(10) "Release" means the placement or use of 
a genetically engineered organism outside a 
contained facility. 

Statuloiy Authority G.S. 106-770. 

SF( I ION .0200 - DFl F(;\I ION OF 
AL IIIOKIIN 

.0201 POWERS DEI EGA FED 



S95 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



To the extent provided in this Subchapter, the 
Board hereby delegates to the Commissioner the 
authority: 

(1) to grant, deny, suspend, modify or revoke 
permits; 

(2) to establish advisor)' committees; 

(3) to exercise powers of the Board under G.S. 
106-772 (permit applications), G.S. 106-773 
(public hearings on permit applications) and 
G.S. 106-774 (confidential business infor- 
mation). 

Statutory Authority G.S. 106-770. 

SECTION .0300 - PERMITS REQUIRED; 

TYPES OF PERMITS; PERMIT APPLICATIONS; 

PLBLIC NOTICE; PUBLIC HEARING; 

ISSUANCE OF PERMITS; MODIFICATION, 

SUSPENSION, RE\ OCATION OF PERMITS 

.0301 PERMITS REQUIRED 

A genetically engineered organism may not be 
released into the en\ironment, or sold, offered for 
sale or distributed for release into the en\iron- 
ment within North Carolina unless a permit for 
its release or commercial use has been issued 
pursuant to this Subchapter. 

Statutory Authority G.S. 106-770. 

.0302 CLASSES OF PERMITS 

There are two classes of permits for releases or 
commercial uses of a genetically engineered 
organism(s): 

(1) general permits; and 

(2) limited permits. 

Statutory Authority G.S. 106-770. 

.0303 GENERAL PERMITS 

(a) In response to a petition by any person, a 
recommendation of the Commissioner, or upon 
its own motion, the Board may, by rules adopted 
pursuant to the Administrative Procedure Act 
(G.S. 150B), establish as part of these rules gen- 
eral permits for classes of activities for which 
limited permits will not be required. Such gen- 
eral permits may contain conditions or re- 
strictions on their applicability. 

(b) Pubhc notice of any proposed rule regard- 
ing the adoption of a general permit shaU be 
given in accordance with G.S. 150B-12 and by: 

(1) mailing a copy of the proposed general 
permit to any person who has filed a 
written request to be so notified; 

(2) publishing notice of the proposed general 
permit at least once in newspapers having 
general circulation tlirougliout North 
Carolina. 



(c) In accordance with the Administrative 
Procedure Act, the Commissioner may suspend 
any activities being conducted under a general 
permit for failure to comply with the Genetically 
Engineered Organisms Act or any rules of this 
Subchapter, or if the Commissioner deems it 
necessary to protect agriculture, public health or 
the environment from potential adverse effects 
of a release. ^'Vny such suspension shall be re- 
viewed by the Board within 30 days. The Com- 
missioner shall state in writing the reasons for 
such action. 

(d) The following classes of activities are hereby 
permitted by general permit and no permit ap- 
plication shall be required: 



(1) 



(2) 



(3) 



Releases of genetically enigneered 
organisms between July 1, 1990 and De- 
cember 31, 1990, which are otherwise in 
compliance with state and federal law; 

Releases of genetically engineered 
organisms resulting from activities per- 
formed in contained facilities where both 
the release of the organism and the facility 
comply with NIH Guidelines for Re- 
search Involving Recombin;mt DNA 
Molecules; 

Releases of genetically engineered 
organisms from large-scale fermentation 
processes and associated recover}" and pu- 
rification processes if the following condi- 
tions are met: 

(A) The host organism is non-pathogenic 
and non-toxigenic; 

(B) The vector/insert is well-characterized, 
free from known harmful sequences and 
limited in size to the extent possible to the 
DNA required to perform the intended 
function; 

(C) The number of viable genetically engi- 
neered organisms in the process streams 
is minimized by a validated inactivation 
procedure prior to release; 
Releases or commercial uses of drugs or 
devices containing genetically engineered 
organisms and intended for prophylactic, 
therapeutic or diagnostic use in humans 
where such releases or uses are regulated 
under the Food, Drug, and Cosmetic Act, 
21 use A 301 et seq., or the Public 
Health Service Act, 42 USC AA 262, 263; 

Releases of microorganisms created by 
intrageneric microbial transfer of genetic 
material if the microorganisms involved 
are neither pathogens nor pesticidal. 



Statutory Authoritv G.S. 106-770. 



(4) 



(5) 



.0.^04 LIMITED PERMITS 



NORTH CAROLINA REGISTER 



896 



PROPOSED RULES 



(a) Limited Permits Required. The release or 
commercial use of genetically engineered 
organisms not covered by a general permit pur- 
suant to 2 NCAC 48E .0303 requires a limited 
permit. Limited permits may cover multiple re- 
leases or commercial uses. .*Vny person seeking 
to obtain a limited permit must file an applica- 
tion with the Commissioner. 

(b) Application Procedure: 

(1) WTiere the applicant is making a federal 
submission regarding the proposed release 
or commercial use of a genetically engi- 
neered organism, a copy of the federal 
submission appended to a Submittal 
Summary for the Release of a Genetically 
Engineered Organism, as prescribed by 
the Board, shall constitute an application 
to the Commissioner. 

(2) Where there is no federal submission re- 
garding the proposed release or commer- 
cial use of a genetically engineered 
organism, Hmited permit applications 
shall be on forms or in the format that the 
Board shall prescribe, appended to a 
Submittal Summary for the Release of a 
Genetically Engineered Organism. Such 
limited permit applications shall include 
all of the data required by the Board. 

(3) An applicant for a limited permit may 
designate as "confidential" any portions 
of the application which the applicant be- 
lieves are entitled to treatment as confi- 
dential business information (CBI), as 
defmed in this Subchapter. The applicant 
shall submit two copies of the permit ap- 
plication to the Commissioner: one con- 
taining CBI ("CBI" copy), and the other 
with CBI deleted ("public information" 
copy) from both the application sub- 
mission and the Submittal Summary for 
the Release of a Genetically Engineered 
Organism. Deletions of confidential 
business information in the public infor- 
mation copy shall be indicated in a man- 
ner prescribed by the Commissioner. 

(4) \\"ithin ten da\ s of receipt of an applica- 
tion, the Commissioner shall send written 
notification to the applicant informing the 
applicant whether or not the application 
is complete and, if not, what additional 
inlbrmation is required to complete the 
application. 

(5) A completed appUcation shall consist of a 
completed Submittal Summary for the 
Release of a Genetically Engineered 
Organism, all of the data required in the 
federal submission, or, where there is no 



federal submission, all of the data required 
by the Board. 

(6) During the permit review process, the 
Commissioner may request additional in- 
formation as deemed necessary'. To the 
extent possible, however, the Commis- 
sioner shall base the permit decision on 
the data originally submitted as part of a 
completed permit application. 

(7) The application may be withdrawn at any 
time by written notice from the applicant 
to the Commissioner. 

(c) Public Notice of Proposed Release or 
Commercial Use, 

( 1 ) Within 1 5 days after receiving a completed 
permit application, the Commissioner 
shall publish notice and a brief description 
of the proposed release or commercial use 
as follows: 

(A) by mailing a copy of the public infor- 
mation version of the Submittal Summary 
for the Release of a Genetically Engi- 
neered Ofganism to any person who has 
fded a wntten request to be notified of 
proposed releases or commercial uses; and 

(B) by pubHshing notice of the proposed 
release at least once in a newspaper having 
general circulation in each county where 
a release is proposed to occur and by 
mailing a copy of the pubUc information 
version of the Submittal Summan.' for the 
Release of a Genetically Engineered 
Organism to the County Manager or 
County Administrator in the county(ies) 
where the proposed release(s) is to occur; 

(C) by publishing notice of a proposed 
commercial use at least once in newspa- 
pers having general circulation throughout 
the State. 

(2) AU notices of proposed releases or com- 
mercial uses shall state: 

(A) where the public information version 
of the application may be inspected and 
copied; 

(B) that any person may submit written 
comments on the proposed release or 
commercial use to the Commissioner 
within 30 days of the application notice 
date; 

(Ci that any person may request that a 
public hearing be held on the proposed 
release or commercial use by fling a writ- 
ten request with the Commissioner within 
30 da\s of the application notice date. 

(3) .\ny person who makes a written request 
to the Commissioner, upon payment of a 
reasonable fee to co\er costs of copying 
and postage, shall be prompth' sent a 



.W 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



copy of the public information version of 
the application. 

(d) Public Comments and Hearings. 

( 1 ) Any person may submit written comments 
to the Commissioner or request a public 
hearing on a proposed release or com- 
mercial use within 30 days of the applica- 
tion notice date. 

(2) In the case of proposed releases, if the 
Commissioner determines that significant 
public interest and justification exists for 
holding a hearing, the Commissioner shall 
hold a hearing in the county(ies) where 
the release(s) is proposed to occur. At 
least 30 days before a hearing date, the 
Commissioner shall publish notice of the 
hearing at least once in a newspaper hav- 
ing general circulation in the county(ies) 
where the release(s) is proposed to occur. 

(3) In the case of proposed commercial uses, 
if the Commissioner determines that sig- 
nificant public interest and justification 
exists for holding a hearing, the Commis- 
sioner shall hold a hearing or hearings in 
one or more locations to be determined 
by the Commissioner. At least 30 days 
before a hearing date, the Commissioner 
shall publish notice of a public hearing at 
least once in a newspaper(s) having gen- 
eral circulation in the county(ies) where 
the hearing(s) are to be held, and in any 
other manner deemed by the Commis- 
sioner to be appropriate. 

(4) The public notice of the hearing shall in- 
clude the information included on the 
public information version of the Sub- 
mittal Summary for the Release of a Ge- 
netically Fngineered Organism, the date, 
time and place of the hearing, and other 
information prescribed by the Board. The 
notice shall also state where the public 
information version of the application 
may be inspected and copied. 

(e) Issuance of Permits. 

(1) The Commissioner shall make a decision 
on a pennit application within 75 days of 
receipt of a completed application unless 
a public hearing is held. If a public hear- 
ing is held, the Commissioner shall make 
a decision on a permit application within 
105 days of receipt of a completed appli- 
cation. With the written consent of the 
applicant these time periods may be ex- 
tended. At the time a decision is made 
on a permit, the Commissioner shall si- 
multaneously notify the applicant and any 
other persons who ha\e requested such 
notification. 



(2) In reviewing a permit application, the 
Commissioner may consider the history 
of previous releases or commercial uses in 
North Carolina or elsewhere. 

(3) After the public comment period and the 
public hearing, if any, the Commissioner 
may issue a permit under this Article 
based on the federal review and approval 
of the proposed release if he determines 
that federal regulation of the release suffi- 
ciently protects agriculture, public health 
and the environment in North Carolina. 

(4) The Conrniissioner may, if he deems it 
necessary to protect agriculture, public 
health or the environment from potential 
adverse effects of the proposed release: 

(A) place restrictions on the number and 
location of organisms released, method of 
release, training of persons involved with 
the release of organisms, disposal of 
organisms, and other conditions of release 
or commercial use; 

(B) require measures to limit dispersal of 
released organisms or spread of inserted 
genes or gene products; 

(C) require monitoring of the abundance 
and dispersal of the released organism or 
inserted genes or gene products; or 

(D) deny the permit, in which case the 
Commissioner shall state in writing the 
reasons for the denial. 

(5) A permit issued by the Commissioner will 
become effective 15 days after issuance 
unless a request for Board review is re- 
ceived by the Chainnan of the Board, or 
his designee, within ten davs after issu- 
ance, pursuant to 2 NCAC 48H .0502. If 
such a request is received, the permit will 
become effective when the Chairman or 
his designee denies the request or, if the 
Chairman or his designee decides to hold 
a Board review of the request, the pennit 
wiU become effective if and when the 
Board affirms or modifies the pennit de- 
cision of the Commissioner. 

(f) .Modification, Suspension or Revocation of 
Permits. 

(1) Upon request from an applicant, the 
Commissioner may modify a permit if he 
determines that such modification will not 
result in an adverse effect on agriculture, 
public health and the environment; pro- 
vided, however, that a permit may not be 
modified with respect to the following: 

(A) organism(s) released or used; 

(B) genetic sequences which change the 
phenotype or potential ad\'crse effects of 
the organism(s); 



NORTH CAROLINA REGISTER 



S9S 



PROPOSED RULES 



(C) county or counties of release; 

(D) any conditions expressly placed on the 
release or commercial use by the permit, 
unless the permit provides for subsequent 
modifications of such conditions by the 
Commissioner. 

(2) In accordance with the Administrative 
Procedure Act, the Commissioner may 
suspend, revoke or modify a limited per- 
mit for failure to comply with the Genet- 
ically Engineered Organisms Act or any 
rules of this Subchapter, or if the Com- 
missioner deems it necessary to protect 
agriculture, public health or the en\iron- 
ment from potential adverse effects of a 
release or commercial use. The Com- 
missioner shall state in writing the reasons 
for such action. 

Statutoiy Authority G.S. 106-770. 

.0305 INSTRl CTIONAl. INFORMATION; 
REQLESTS FOR NOTICE 

(a) The Commissioner shall prepare and pro- 
\idc all necessan,' forms and instructions ex- 
plaining the types of permits, permit application 
process, petition process for establishing general 
permits, issuance and modification of permits, 
and public hearing and pubUc notice process. 
Information may be obtained by calling or writ- 
ing: 

Genetic Engineermg Review Board 

Plant Industp,- Division 

North Carolina Department of Agriculture 

P.O. Box 27647 

Raleiah, North Carolina 27611 

Phone: (Q19) 733-6930 

(b) Persons who wish to be notified of actions 
taken h\ the Board or the Commissioner shall 
make such requests in writing addressed to: 

Genetic Engineering Re\iew Board 

Plant Industry Di\ision 

North Carolina Department of Aaiculture 

P.O. Box 27647 

Raleish, North CaroUna 27611 

Phone: (919) 733-6930 

EaUure to pro\ ide or receive such notice shall not 

affect the vaUdity of any pennit issued hereunder. 

Statutoiy Authority G.S. 106-770. 

SFCnON .0400 - rONFIOFNTlAI Bl SINFSS 
INFOKMAIION 

.0401 DESIGNATION OF CONFIDENTIAL 
INFORMATION 

As pro\ided m Rule .0304(b)(3) of tlus Sub- 
chapter, information submitted as part of a per- 
mit application, which meets the definition of 



confidential business information as set forth in 
Rule .0101(4) of this Subchapter, may be desig- 
nated as confidential business information by 
clearly and conspicuously" marking such infor- 
mation as provided in Rule .0304(b)(3) of this 
Subchapter, as "confidential business informa- 
tion". 

Statutory Authority G.S. 106-770. 

.0402 ACCESS TO CONFIDENTIAL 
BUSINESS INFORMAIION 

(a) Fhe following persons, upon signing a 
non-disclosure agreement with the Commis- 
sioner, may have access to confidential business 
information submitted as part of a permit appli- 
cation: 

(1) employees of the Department of Agricul- 
ture who are invohed in reviewing permit 
applications; 

(2) members of the Genetic Engineering Re- 
view Board on review or appeal of a de- 
cision of the Commissioner pursuant to 
Section .0500 of this Subchapter; pro- 
vided, however, that no Board member 
shall review confidential business infor- 
mation if he or she is, or represents in any 
capacity, a person engaged in any business 
or enterprise in competition with the ap- 
plicant or in which confidential business 
information could be utilized for product 
development purposes; 

(3) . advisors selected by the Department of 
Agriculture to assist in reviewing permit 
applications, where the Commissioner 
determines that the advisors must have 
access to the confidential business infor- 
mation in order to perform their re\iew 
effectively; provided, however, that any 
such advisor must sign an affidavit af- 
firming that the advisor is not, nor does 
the advisor represent in any capacity, a 
person engaged in any business or enter- 
prise in competition with the applicant or 
in which the confidential business infor- 
mation could be utih/ed for commercial 
or product development purposes; and 
provided further that prior to the release 
of any confidential business information 
to an advisor, the Commissioner shall 
notify the applicant of his intention to re- 
lease the confidential business information 
to such an advisor and the appUcant will 
have ten days to notify the Commissioner 
of any objection regarding such a release 
of confidential business information; 

(4) federal officials, pursuant to Rule .0403 of 
this Section herein. 



899 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(b) Any person engaged in the review of the 
effects of a proposed release of a genetically en- 
gineered organism who believes that access to 
undisclosed confidential business information is 
necessary in order to perform such review effec- 
tively may request the disclosure of material des- 
ignated as confidential business information by 
submitting a written petition in a form prescribed 
by the Board to the Commissioner within 30 
days of the application notice date. Such a peti- 
tion shall state the reasons that such confidential 
business information is necessary to the per- 
formance of the petitioner's review. In addition, 
the petitioner shall sign an affidavit affirming that 
the petitioner is not, nor does petitioner represent 
in any capacity, a person engaged in any business 
or enterprise in competition with the applicant 
or in which the confidential business information 
could be utilized for commercial or product de- 
velopment purposes. 

(c) The applicant shall be notified of the peti- 
tion and shall have an opportunity to respond to 
the petition. Such response may include an offer 
by the applicant to produce the confidential 
business information, in total or in part, to the 
petitioner pursuant to terms to be expressed in a 
written agreement between the applicant and the 
petitioner, and explanation by the applicant as to 
why the petitioner docs not need the confidential 
business information in order to perform such 
review, or an offer by the applicant to provide the 
petitioner with other information which is not 
confidential and responds to the petitioner's rea- 
sons for requesting the confidential business in- 
formation. 

(d) If the applicant and the petitioner can not 
reach an agreement within 15 days after the peti- 
tion is filed with the Commissioner, the Com- 
missioner shall then determine, within five 
additional days, whether the petitioner docs re- 
quire access to any or aU of the confidential 
business information requested by the petitioner 
in order to make an effective, independent review 
of the proposed release. By mutual written 
agreement of the petitioner and the apphcant, the 
Commissioner may delay a decision on the peti- 
tion untU further written notice by the petitioner. 
If the Commissioner determines that the 
petitioner does require access to some or all of 
the confidential business information requested 
by the petitioner, the Commissioner shall notify 
the applicant and the petitioner of his decision, 
and the applicant shall: 

( 1 ) upon the signing of a non-disclosure 
agreement by the petitioner, as prescribed 
by the Board, provide to the petitioner 
that portion of the confidential business 



information which the Commissioner has 
determined is required by the petitioner; 

(2) seek Board review or appeal of the Com- 
missioner's decision pursuant to Section 
.0500 of this Subchapter; or 

(3) withdraw its application. 

If, pursuant to Section .0500 of this Subchapter, 
the applicant seeks Board review or appeals a 
decision regarding confidential business informa- 
tion, the applicant shaU not be required to reveal 
the confidential business information pending 
review or appeal. If the application is with- 
drawn, all confidential business information shall 
be returned to the applicant and shall not be 
disclosed. 

Statutory Authority G.S. 106-770. 

.0403 AGREEMENTS WITH I EHERAL 
AGENCIES; CBI 

The Commissioner may enter into cooperative 
agreements with federal agencies to facilitate the 
sharing of information, including confidential 
business information, which may be received as 
part of a federal or state submission or applica- 
tion. Such agreements shall ensure the pro- 
tection of confidential business information from 
disclosure to unauthorized persons. 

Statutory Authority G.S. 106-770. 

SECTION .0500 - APPEAL PROCESS 

.0501 RECONSIDERATION BY THE 
COMMISSIONER 

Any person adversely affected by a decision of 
the Commissioner under these Rules may re- 
quest in writing that the Commissioner recon- 
sider such decision. The Commissioner shall 
render a decision on such a request within ten 
days of receiving it. 

Statutoiy Authority G.S. 106-770. 

.0502 BOARD REMEW 

(a) It is the policy of the Board that disputes 
arising from the issuance of a permit decision by 
the Commissioner, pursuant to these Rules, shaU 
be settled informally, if possible. Decisions made 
by the Commissioner regarding permits may be 
appealed to the Board by any person adversely 
affected by a decision of the Commissioner by 
fding a written request for Board review of such 
decision with the Chairman of the Board, or, in 
his absence, with another member of the Board 
designated by the Chairman for that purpose, 
within ten days after the Commissioner's deci- 
sion. The request shaU set forth the decision of 
the Commissioner which is in dispute, the relief 



NORTH CAROLINA REGISTER 



900 



PROPOSED RULES 



requested, and the reasons why such relief is 
necessary' and appropriate. The Chairman, or 
his designee as provided in this Rule, shall review 
such request and decide whether to hold a Board 
meeting to consider the request within five days 
of receipt of such a request. When a decision is 
made on a request for Board re\iew, the Chair- 
man or his designee shall notify the applicant, the 
person requesting Board review, and others who 
ha\e requested such notification. If the decision 
is to conduct a Board review, the Board shall 
meet within ten days of such decision. After re- 
viewing the Commissioner's decision, the board 
may affirm, modify or reverse. The Board shall 
state in writing the reason(s) for its decision. 

(b) WTien the Commissioner concludes that an 
applicant is required to release some or all of its 
confidential business information, pursuant to 
Rule .0402(dj of this Subchapter, the applicant 
may seek Board re\iew of that decision by fding 
a written request with the Chairman of the Board 
or, in his absence, with another Board member 
designated by the Chairman for that purpose, 
within ten days of the Commissioner's decision. 
The request shall set forth the decision of the 
Commissioner which is in dispute, the relief re- 
quested, and the reasons why such relief is nec- 
essary and appropriate. The Chairman, or his 
designee as provided in this Rule, shaU review 
such request and decide whether to hold a Board 
meeting to consider the request within five days 
of receipt of such a request. When a decision is 
made on a request for Board review, the Chair- 
man, or his designee, shaU notiiy the applicant 
and the petitioner seeking the confidential busi- 
ness information. If the decision is to conduct a 
Board review, the Board shall meet within ten 
da\"s of such decision. After reviewing the 
Commissioner's decision, the Board may affirm, 
modify or re\erse. fhe Board shaU state in 
writing the rcasonfs) for its decision. 

Staiutoij Authority G.S. 106-770. 

.050.1 FORMAL AIM'K ALS 

Formal appeals of the decisions of the Com- 
missioner or the Board rendered pursuant to 
these Rules or the Genetically Engineered 
Organisms Act shall be governed by the Admin- 
istrative Procedure Act, Chapter 15UB of the 
General Statutes. 

Statittoty Authority G.S. 106-770. 

TITLE 4 - DEPAR IMENT OF ECONOMIC 
AM) COMMIMTV DF\ FLOPMENT 



No 



otice is hereby given in accordance with G.S. 
/50B-J2 that the Commerce Finance Center in- 
tends to adopt and amend rule (s J cited as 4 
NCAC 1.1 .0/02. .020/ and .050/. 

1 he proposed effective date of this action is .\/ay 
/. /990. 

1 he public hearing will be conducted at /0:00 
a.m. on Febnjary 8, 1990 at Room 6/68, Dobbs 
Building. 430 N. Salisbury Street, Raleigh, NC 
276//." 

\^ omment /Procedures: Any person interested in 
these ndes may present oral comments to the 
action proposed at the public rulemaking hearing 
or delixer written comments to the Commerce Fi- 
nance Center no later than Febniaty 5, /990. 
.Anyone planning to attend the hearing should no- 
tify Bruce Strickland. Jr.. Commerce Finance 
Center, by Februarys 5. /990. 

CHAPTKR 1 - DEPARTMF.NTAI. Rl LES 

SL BCHAPTER IJ - NORTH CAROLINA JOBS 
TAX CREDrr 

SECTION .0100 - PLRPOSE AND DEFIMTIONS 



.0102 DEFINITIONS 

(a) "Distress factor": 
as the sum of 
(1) 



a distress factor is defmed 



the county's rank in a ranking of counties 
by rate of unemployment from lowest to 
highest; and 
(2j the county's rank in a ranking of counties 
by per capita income from higliest to 
lowest. 

(b) "Date of signing" shall be defined as the 
date on which the Secretan,' of Commerc e , I'co- 
nomic and Communitv Development, his 
designee, or the Commerce Finance Center re- 
ceives and accepts as complete, a commitment 
under Paragraph (d) of G.S. 105-130.40 and G.S. 
105-151.17. Such a commitment will not be so 
defined unless it is signed by a officer of the cor- 
poration or by the ta.xpayer. 

(c) "Department" means the North Carolina 
Department of CommL ' iVL ' . T'conomic and 
Communit\ Dcxclopment. 

(d) '1 ligible emploNcr" is defined as a corpo- 
ration or taxpayer that is located or proposes to 
l(H'ate in a distressed count) and has recei\ed an 
appro \cd "Determination of Fligibilit\ " from the 
Department o[ 1 conomic and (Aimmunit\ De- 
\elopment. 



901 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(e) "Full time employee" is defined as an em- 
ployee who holds a full time job. 

(f) "f-uU time job" is defmed as a position that 
is located in the distressed count>- and requires 
at least 1600 hours of work per year and is in- 
tended to be held by one person during the entire 
year. 

(g) "Letter of Commitment" is defmed as an 
agreement between the department and a corpo- 
ration or a taxpayer. This letter of commitment 
will set out: 

(1) the name of the corporation or the indi- 
vidual taxpayer entity that will fde the 
North Carolina tax return under Chapter 
105; 

(2) the name that will be used in the conduct 
of business, if different from; 

(3) the permanent or Home Office address 
of the management group directing the 
operation of the business; 

(4) the location(s) of the qualifying business 
operations within the distressed county; 

(5) a schedule showing the number of per- 
manent full time positions to be created 
and the time sequence for their being 
filled; 

(6) an estimate of the cost of new capital ex- 
penditures within the distressed county 
over the two year time period of the 
commitment; 

(7) an official contact with the operating firm 
to whom inquiries pertinent to the agree- 
ment can be directed; 

(8) the date of signing, as defined in Para- 
graph (b) of this Rule; 

(9) where the scope of a project changes sig- 
nificantly after the Letter of Commitment 
has been fded, and within the same calen- 
dar year, a corporation or individual tax- 
payer may then fde a new letter of 
commitment in that year which shows re- 
vised data; 

(10) "severely distressed county" is defined as 
a county designated as such by the Secre- 
tary of the Department of Commerc e . 
Economic and Community Development. 
I he Secretary will make such a desig- 
nation only if a county has a distressed 
factor that is one of the -SO 25 higliest in 
the state. 
'Determination of Fliabilitv" is defined as 



"mdina made by the Department of L 



On 

the 

nomic and Community Development that the 
corporation or taxpayer which is creating jobs is 
eliablc to participate in the Job 1 ax Credit pro- 
eram. Such findmi; uill be based on information, 



submitted on a tormat prescribed by the Secre- 
which shows; 



tar\-. 



(1) Corporation or taxpayer name, local (NC) 
address, county, telephone number; and 

(2) Evidence offered by the corporation or 
taxpayer that its firm is eligible to partic- 
ipate in the Job Tax Credit based on one 
of the following criteria: 

(A) Eirm obtained a Job Tax Credit for the 
year 1988. 

(B) Eirm is listed in the Directory of Man- 
ufacturing Eirms in North Carohna, pub- 
lished by the North Carolina Department 
of Economic and Community Develop- 
ment. 

(C) Eirm has a primary SIC Code in the 
manufacturing group numbered 20-299 as 
listed in the Standard Industrial Classi- 
fication -Manual, 1987, published by the 
Executive OtTice of the President, OtTice 
of Management and Budget. 

(D) Eirm otherwise documents in narrative 
form, on form provided by Department, 
its position that it is engaged in the man- 
ufacturing of goods or is engaged in an 
industrial activity such as the processing 
of foods, raw materials, chemicals or 
process agents, goods in process, or fm- 
ished goods. 

Statutory Authority G.S. I05-I30.40(a),(c) and 
(d): 105-151. I7(a),(c) and (d); Chapter 568. 
1987 S.L.; Chapter III and 753. 19S9 S.L. 

SECTION .0200 - DESIGNATION OF SE\ ERELY 
DISTRESSED COUNTIES 



.0201 DESIGNATION OF SEVERELY 
DISTRESSED COUNTIES 

On or before December 31 of each calendar 
\ear, the secretary of the department shaU desig- 
nate which counties arc considered as severely 
distressed, and shall provide that information to 
the Secretary of Revenue. The department wiU 
obtain from the North Carolina Employment 
Security Commission the adjusted monthly esti- 
mates of unemployment for the most recent 36 
month period for which data is available. Those 
monthly estimates will be averaged and those 
averages used to rank the counties by arranging 
them in numerical order of the county with the 
lowest unemployment as number 1 to the county 
with the highest unemployment as number 100. 

The department will obtain from the United 
States Department of Commerce the latest avail- 
able annual per capita income figures, by countv', 
for the most recent 36 month percent for wliich 
data is available. Those annual figures will be 
averaged and those averages used to rank the 
counties in numcric;d order of the countv with 



NORTH C.AROLIi\A REGISTER 



902 



PROPOSED RULES 



the highest per capita income average as number 
1 to the county with the lowest per capita income 
average as number 100. These two rankings will 
be totaled so as to provide a sum which will be 
the county's distress factor. Those ^ 25 coun- 
ties with the highest distress factors will be des- 
ignated as severely distressed by the Secretary of 
Comm e rc e . Economic and Community De\'el- 
opment. The list of counties so designated will 
be provided to the Secretary' of the North 
Carolina Department of Re\enue. In addition, 
written notice of that designation wUl be given to 
the chairman of elected governing board in each 
county so designated. 

Statuloty Authority G.S. I05-I30.40(c) and (dj; 
105-1 5f. 17(c) and (d): Chapter 568. I9S7 S.L.; 
Chapter III and ''53. 1989 S.L. 

SECTION .0500 - DETERMIN.VFION OF 
ELIGIBILITY 

.0501 DETERMINATION OF ELICIBILITV 

"Determination of Eligibility" uUl be made in 
the form prescribed by the Department of Eco- 
nomic and Community Development. Corpo- 
ration or taxpayer will complete that form as 
dctined in Rule .0102 (h) of tins Subchapter. 
When accepted, approved or disapproved, and 
signed by the Secretar\' or his designee, that 
action wiU be given to the corporation or tax- 
payer requesting the Determination. Such 
actions wiU be kept on record at the Commerce 
Einance Center, Room 2174, Dobbs Building, 
430 N. Sahsbup,- Street, Raleigh, North Carolina 
27611. 

StatiitoiT Authority G.S. 105-130.40 [bl); 
105-151'. 17 (bl I: Chapter 753. 1989 S.L. 

UTIE 15A DIPARIMKNI OF 

ENTIRONMKNT, HEALTH, AND 

NATl RAL RESOl RCES 



No 



oticc is hereby given in accordance with G.S. 
1508-12 that the 'Xorih Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as 15A XCAC lOB .0202 - .0203. .0209; IOC 
.0205, .0301, .0305, .0404, .0407; lOD .0002 - 
.0004. 

1 he proposed effectke date of this action is July 
1. 1990. 

yd II public /learitigs will be conducted at '^:00 
p.m. on: 



District / 

February 5, 1990 

Swain Auditorium 

Edenton 

District 2 

Febmary 6. 1990 

Courthouse 

A'e^v Bern 

District J 

Febmary ^. 1990 

Courthouse 

Nashville 

District 4 

Februaty 8. 1990 

Courthouse 

Elizabethtown 

District 5_ 

February 9, 1990 

Courthouse 

Graham 

District 9 

Febr-uaty 12. 1990 

Courthouse 

Hendersonville 

District 8 

Februaty 13. 1990 

Morganton Civic Center .Auditorium 

Morganton 

District £ 

Februaty 14. 1990 

High School 

Elkin 

District 6_ 

February 15, 1990 

\orth Stanley High School 

.1 Ibemarle 



Co 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing or by mailing to S .C. Wildlife Resources 
Commission, 512 N. Salisbury St., Raleigh. .VC 
2'^61 1 . Fhe record of hearing is open from fifteen 
days preceding the date of the hearing to fifteen 
days after the date of hearing. 

CIIAPFFK 10 - WILDLIFE RESOl RC ES AND 
W A FER SAFET'i 

SLBCIIAPTER lOB - III MING AND 
IRAI'I'INC; 

SECFION .0200 - III N IING 

.0202 BEAR 

(al Open Seasons 
(\) .\Ionday on or nearest October 15 to the 
Saturda\ before Thanksaxiniz and the 



903 



M)RTH CAROLLXA REGISTER 



PROPOSED RULES 



third Monday after Thanksgiving to Jan- 
uary 1 in and west of the boundary 
formed by NC 16 from the Virginia State 
Une to Wilkesboro and NC 18 from 
Wilkesboro to the South Carolina State 
line. 

(2) Second Monday in November to the fol- 
lowing Saturday in Beaufort, Camden, 
Craven, Jones, Pamlico, Pasquotank, and 
Washington Counties: and in that part of 
Bertie County southeast of US 17. 

(3) Second .Monday in November to the fol- 
lowing Wednesday in Gates, Hyde and 
Tyrrol TvrreU Counties. 

(4) Second .Monday in No\ember to January 
1 in Bladen, Carteret, Duplin, New 
Hanover, Onslow and Pender Counties; 
in that part of Cumberland County south 
of NC 24 and east of the Cape Fear River; 
and in that part of Sampson' county south 
of NC 24. 

(5) Second .Monday in December to January 
1 in Brunswick and Columbus Counties. 

(b) No Open Season. There is no open season 
in any area not included in Paragraph (a) of this 
Rule or in those parts of counties included in the 
following posted bear sanctuaries; 

Avery, Burke and Caldwell Counties--Daniel 

Boone bear sanctuary 
Beaufort, Bertie and Washington Counties-- 

Bachelor Bay bear sanctuar>' 
Beaufort and Pamhco Counties--Gum Swamp 
bear sanctuary 



Madison County— Rich Mountain bear sanc- 
tuary 

McDowell and Yancey Counties-Mt. Mitchell 
bear sanctuary 

Mitchell and Yancey Counties— Flat Top bear 
sanctuary 

Washington County- -Bull Bay bear sanctuary 

Wilkes County- -Thurmond Chatham bear 
sanctuary 

(c) Bag limits; daily, one; possession, one; 
season, one. 

(d) Kill Reports. The carcass of each bear shall 
be tagged and the kill reported as provided by 
15A NCAC 1 OB .0113. 



Statutory Authority 
1 13-291.7; 113-305. 



G.S. 113-134: II3-29I.2: 



.0203 DEER (WHITE-TAILED) 

(a) Closed Season. AH counties and parts of 
counties not hsted under the open seasons below 
in this Rule are closed to deer hunting. 

(b) Open Seasons (All Lawful Weapons) 

(1) Male Deer With Visible Antlers. Male 
deer with antlers or spikes protruding 
through the skin, as distinguished from 
knobs or buttons covered by skin or vel- 
vet, may be taken during the following 
seasons: 
(A) Monday on or nearest October 15 to 
January 1 in the following counties and 
parts of counties: 



Bladen County--Suggs Mill Pond bear sanctu- 


Beaufort 


Duplin 


ary 


Bertie 


Fdgecombe 


Brunswick County--Green Swamp bear sanc- 


Bladen 


Franklin 


tuary 


Brunswick 


Gates 


Buncombe, Hay-wood, Henderson and 


Camden 


Greene 


Transylvania Counties- Pisgah bear sanc- 


Carteret 


I lalifax 


tuary 


Chowan 


Hertford 


Carteret, Craven and Jones Counties— Croatan 


Columbus* 


Hoke 


bear sanctuary 


Craven 


Flyde 


Clay County--Fires Creek bear sanctuary 


Currituck 


Jones 


Currituck County--North River bear sanctuary 


Dare 




Dare County- Bombing R;uige bear sanctuary 


Lenoir 


Pitt 


Haywood County--Harmon Den bear sanctu- 


Martin 


Richmond** 


ary 


Nash 


Robeson 


Ha>'\vood County--Sherwood bear sanctuary 


New Hanover 


Scotland** 


Hyde County--Gull Rock bear sanctuary 


Northampton 


T\rreU 


Hyde County--Pungo River bear sanctuary 


Onslow 


Vance 


Jackson C'ount\--['antherto\\n-Bonas Defeat 


Pamlico 


Warren 


bear sanctuar\' 


Pasquotank 


Washington 


Jones and Onslow Counties-- Hofmann be^u- 


Pender 


Wavnc 


sanctuaPv' 


Perquimans 


Wilson 


Macon County--Standing Indian bear sanctu- 






ary' 


Cumberland: Att 






Macon County--Wayah bear sanctuary 


That part north 


south of NC 24. t^rt^ 



NORTH CAROLINA REGISTER 



904 



PROPOSED RULES 



iiortli (-4 1 aVL ' ttu' i illu. 
Harnett: That part west of NC 87. 
Johnston: /Ml of the county except that 

part south of US 70 and west of 1-95. 
Moore**: That paft- r . outh e4' jvG i\-V aft4 

ea*t- t+f -Ir^ 4t All of the count\' except 

that part north of NC 21 1 and west of 

l_S j_ 
Sampson: rVU of the county except that 

part west of NC 242 and north of US 

13. 
Wake: That part north of NC 54 west of 

Raleigh and US 70 east of Raleigh. 

*l"nla\\ful to hunt or kill deer in Lake 
W'accamaw or within 50 yards of its 
shoreline. 

**See 15A NCAC lOD .0003(d)(2) for 
seasons on Sandhills Game Land. 
ffi4 Monday t+f Thank 'i gising ' . veok to s«?^- 

t+«4 Saturday alter Ilumk i. gi' i ing Day m 

t4te foUo' i sing countioo aft4 parto trf coun 

tiij; . : 



i\li. ' .'uindi. ' r 

iVlk ' Lihunv 

Catai i vba 
iwtWl 



Lincoln 

StokoL . 

Surrr 



Da^ i io 

For - , . ; i th 

Ga - jton 

Da' i ic' 

W'alauaa 

Wilkccr 

^'adkm 



ML'ckk'nburg: That p«4 Vr«^ ef I 77. 
L . outli t-4-' XQ 2Xt erH4 t4" A^ Catawba 
Mi' t LT. rt«4 north ef -N^ +6 rtft4 S44 
2001. e .xcL ' pt Co' . van' ' j Ford W'at e rfov i l 
MolugL'. 
(B) fG^ .Monday of Thanksgiving week to 
third Saturda\' after rhanksgiving Day in 
the following counties and parts of coun- 
ties: 



Ak 



Allcdiai 



Ashe 


Cat;i\\ba 


Avery- 


CkiN 


Buncombe 


Clc\cland 


Burke 


Graham 


CaldweU 


Ha\"wood 


Cherokee 


Henderson 


L:>a\ie 


I'OrsMh 


Ciaston 


IrcdcU 


Jackson 


Folk 


Lincoln 


Stokes 


Surr\' 


\\';itaui;a 


Wilkes 


Yadkin 



Madison 

McDoweU 

Mitchell 



Swain 

Transylvania 

"\'ancev 



■Mecklenburg: That part west of 1-77, south 
ot' NC 73, east of the Catawba Ri\er. and 
north of NC 2.6 and SR 201)4. except 
(?owan's Ford Waterfowl Refuge. 

(C) f-P-)' .Monday before Ihanksgiving week 
to January 1 in the following counties and 
parts of counties: 



Alamance 

Anson 

Caswell 

Chatham 

Davidson 

Orange 

Person 

Randolph 

Rov\an 



Durham 

Gran\ille 

Guilford 

Lee 

Montgomery' 

Stanly 

Union 

Rockingham 



(2) 



Macon 



Ruthertbrd 



Cabarrus: That part east of 1-85. 
Cumberland: That part north of NC 24. 
e««+ &f Fayottcilli.' *ft4 eavt- »-4 rvG 34i) 
north »4 FiiyijtlL" ! illo. b+rt L ' xcludmg (4+e 
i*fea- locat e d north ctft4 Cth* t4~ a: bound 
af¥ fomu'd l>v 4-» 4JW 4^ J^Ur J>ft -kSOX 
^ 44<^ H«4 A^ Cape i^t»f Fuvcr. 
Harnett: That part east of NC 87. aft4 
wl ' !4 t4" 4-^ 4(-)4- north »-4- I illington c+«4 
t+»# Cape Fear Riser '. outh t-4 
1 lUington. 
Johnston: Fhat part south of L S 70 and 

west of I-Q5. 
Moore: That part north of NC 21 1 and 

west of US 1 . 
Sampson: The part west of NC 242 and 

north of US 13. 
Wake: Fhat part south of NC 54 west of 

Raleigh and US 70 east of Raleigh. 
Deer of Either Sex. Deer of either sex 
may be taken during the open seasons and 
in the counties and portions of counties 
listed below: 
(.A) The open either-sex deer hunting dates 
established by the U.S. Fish and Wildlife 
Service during the period from the first 
Saturday in October to Januar>- 1 in those 
parts of Hyde and Washington CAUinties 
known as the Fungo National Wildlife 
Refuge, in those parts of Camden. Gates 
and Pasquotank Counties known as the 
Dismal Swamp NalicMial Wildlife Refuge, 
and ui that part ot Curriluck Count\- 
known as the Macka\ Uland National 
Wildlife Refuge. 



9CA> 



SORTH CAROLI\A REGISTER 



PROPOSED RULES 



(B) The open either-sex deer hunting dates 
established by the appropriate military 
commands during the period from Mon- 
day on or nearest October 15 to January 
1 in that part of Brunswick County 
known as the Sunny Point Military Ocean 
Terminal, in that part of Craven County 
known and marked as Cherry Point Ma- 
rine Base, in that part of Onslow County 
known and marked as the Camp Lcjeune 
Marine Base, on Fort Bragg Military 
Reservation, and on Camp MackaU Mili- 
tary' Reservation. 

(C) The open either-sex deer hunting dates 
established by the U.S. Fish and Wildlife 
Service during the period from the .Mon- 
day on or nearest October 15 to January 
1 ift thor . o parts »f Camdtfn, Gute ' i aft4 
Pa^ i quotunk Countit- ' ti known a* t+w* Difi 
mal- S' . vamp Naticinal WildlilL ' Rofugo. in 
those parts of Anson and Richmond 
Counties known as the Pee Dee National 
WUdlife Refuge. aft4 m that- Pth4 ef 
Currituck County kno>vn a* t4w Mackay 
F i land National Wildlif e R e fug i* . 

(D) Third Saturday in October for youth 
either sex deer hunting by permit only on 
a designated portion of Belews Creek 
Steam Station in Stokes County. 

(E) The second Saturday in December in 
all of Buncombe, Ha>"wood, Henderson, 
Madison, Polk, and Transylvania Coun- 
ties. 

(F) Wednesday of the week foUowing 
Thanksgiving in aU of Catawba, 
Cleveland, Forsylh, Greene, Rutherford, 
and Wilson Counties; and in the following 
parts of Counties: 

/Vlleghany: AW of the county except game 

lands. 
Ashe: /VU of the county except game 

lands. 
Burke: /'Ml of the county except game 

lands. 
Caldwell: All of the county except game 

lands. 
Cumberland: That part south of SR 

1709, west of SR 1802, west of US 301 

and east of the Cape Fear River. 
Davidson: That part north of 1-85, except 

game lands. 
Johnston: That part north of US 70 and 

west of 1-95. 
McDovvcU: All of the county except 

game lands. 
Mecklenburg: That part west of 1-77, 

south of NC 7.^, east of the Catawba 

River, and north of NC 16 and SR 2004 



except for the Cowan's F'ord Waterfowl 

Refuge. 
Moor e : That part north ef -NG 3447 ^*- 

eept' gamo lando. 
Nash: That part south of US 64. 
Rowan: That part north ef i-^ aft4 west 

of US 52, except game lands. 
Wake: That part south of NC 54 west of 

Raleigh and south of US 70 east of 

Raleigh. 
Washington: That part east of NC 32 and 

south of US 64. 
Wayne: That part north of US 70. 
(G) Wednesday and 1 hursday of the week 
following Thanksgiving in aU of Camden, 
Dare, Iredell and Surry Counties and in 
the foUowing parts of counties: 
yVlexander: All of the county except game 

lands. 
Davie: /Ml of the county except game 

lands. 
Moore: That part north of NC 211. ex- 
cept game lands. 
Pamlico: AH- ef the county excopt gam e 

landfi. 
Paf i quotank: Ail ef tl*e county e xcept 

Dii . mal Swamp National Wildlif e Ruf 

Scotland: 1 hat part north of US 74, ex- 
cept game lands. 
Robcion: That part east »f a boundar . ' 

formod b¥ S«- 44W4t >;G 44t ^^^ ^ 

SRr 443a,'|yR iii&, >^ +441 aft4 ;ve 44. 
Stokes: All of the county except game 

lands. 
Tyrrell: That part south of US 64. 
Wilkes: All of the county except game 

lands. 
(11) Wednesday to Saturday of the week 
following Thanksgiving in all of 
Alamance, Caswell, Chatham, Durham, 
Franklin, Granville, Lee, Orange, 
Pasquotank, Person, Rockingham and 
Vance Counties and in the following parts 
of counties: 
Columbus: That part west of a line 

formed by US 74, SR 1005, and SR 

1125. 
Cumberland: That part east of 1-95 and 

south of NC 24. 
(Ainilucli: All t4" tl^e ccninty except the 

OutL'r Banlc . aH4 ih^ Mackay Ir . land 

National Wildlif e Pvcfuge. 
Edgecombe: That part south of US 64. 
Guilford: That part north of a boundary 

fonncd by 1-40 and 1-85. 
Lenoir: That part west of NC 11. 



NORTH CAROLINA REGISTER 



906 



PROPOSED RULES 



Moore: That part south of NC 211, ex- 
cept game lands. 
Nash: That part north of IS 64. 
Perquimans: That part south of US 17 

and east of Perquimans Ri\'er. 
Randolph: That part south of L"S 64 and 

west of US 220, except on game lands. 
Richmond: That part east of Uittle River, 

except game lands. 
Robeson: That part east of a fote formed 

J*y ^R. m^ \-^ iU4^ a«4 \-^>. 
Stanly: That part w^^ »f >rG ^ aft4 

south e4~ >^ 3 ' 1 27. All of the countv 

exccpt that part east of US 52 and north 

of NC 24-27. 
Wake: That part north of NC 54 west of 

Raleigh and north of US 70 east of 

Raleigh. 
\\'(i !' hington: That f»ai4 \\ < ibi rf XG 45 

fii¥^ I ' Outh e+" -tS- 64t 
Wayne: That part south of US 70. 
(I) Wednesday of the week foUowing 
Thanksgi\'ing to Saturday of next suc- 
ceeding week in all of Duplin. Martin, fttt- 
Fhde and Warren Counties and in the 
following parts of counties: 
Anson: A\\ of the county except game 

lands. aft4 A# Pi?<? ©e# National 

WilJIifL ' Rofug e . 
Boaulort: A44- t4' i^ county o.xcopt gami * 

lands. 
Bladen: A44 t4' Ar» countv except wpt aamo 

BniD ' j' i ' i ick: I hat fMrt north aftti tw-4- e4 

a Ufti* lorm e d W ■l-S- 4^ XG 544-r aft4 

A^ Lock' i vood Folly R.i' ie r. 
Cabarrus: That part east of L S 52. 
Carteret: All of the county except game 

lands. 
Chowan: That part north of IS 17. 
Columbus: 44»4- part e**t- e4' t-S W^ XG 

440, S* U4^ ^^ +444t ^4^ 4440. ^* 

++4X i* +444X rtH4 ivRr 4+U4. 
Crayon: Att t+f tl+e count' , except name 

krt4-^ 
Currituck: All of the countv except the 

Outer Banks. 
Da\"idson: That part south of I-S5. except 

on game lands. 
FdgL ' combe: Ihat part north t4 4-4v «*4t 
llydc ' : Att t4' (4*e county e xc e pt Pungo 

National Wildlife.' Refuge. 
Johnston: That part south of US 70 and 

east of 1-^5. 
Jones: A14- p4 At» county exc< ^ pt uam e 

lands. 
L e noir: Ihat part e«rt sdi rv(4 44-7 



Montgomer\': All of the county except 

on game lands. 
Pamlico: All of the county except on 

game lands. 
New Hanover: I hat part north »f 4-^ l-\r 
Onslow: AU- t4 the county except game 

lands. 
Perquimans: All ef i^ county e xc e pt 

P e rquimans Rivor. 
Richmond: Ihat part west of Little 

Ri\er. except Pt»<# ©ee National 

Wildlife Refuge. 
Rowan: That part south i*l L-^ aR4 east 

of US 52, except on game lands. 
Sampson: That part south of NC 24. 
Stanly: That part east of NC 52 and 

north of NC 24-27 except game lands. 
Washington: That part west of NC 32 

and south of US 64. 
(J) Monday of lTianksgi\ing week to the 
third Saturday after Thanksgiving Day in 
that part of Buncombe County east of 
NC 191. south of the L'rench Broad and 
Swannanoa Rivers, west of US 25, and 
north of SR 3503, NC 280 and SR 3501. 
(K) Wednesday of the week foUowing 
1 hanksgiving to Januan,' 1 in all of Bertio, 
Brunswick, Halifax. Hertford, Gates, a«4 
Northampton, and Pitt Counties, and in 
the follow ing parts of counties: 
Beaufort: All of the county except game 

lands. 
Bertie: All the count\' except Roanoke 

[^iver Wetlands. 
Bladen: /VU of the county except game 

lands. 
Chowan: That part south of US 17. 
Columbus: Ihat part east of a line 

formed bv US 74, SR 1005, and SR 

1125. 

All of the county except game 



Craven: 

lands. 

Duplin: 

lands. 



■All of the count\' except game 



Edgecombe: Ihat part north of L S 64. 
Gates: AH el tl*e county except Dismal 

Si - vainp National U'ildlif e Refuge. 
Halifax: AH of the count\- except 

Roanoke Ri\er Wetlantls. 



Jones: .Ml ot the county except game 

lands. 
Lenoir: That part east of NC 1 1 . 
NL^rtin: All of the count\ except 

Ro;inoke Ri\er WetLuKL. 



New lLino\er: ihat part north of US 74. 
Onslow: .All of the county except game 
lands. 



W 



SORTH CAROl.IXA REGISTER 



PROPOSED RULES 



Pender: All of the county except game 

lands. 
Perquimans: All of the county except 
that part south of US 17 and east of the 
Perquimans River. 
(3) Game Lands Either-Sex Hunts. On the 
hunt dates indicated, deer of either sex 
may be taken by pennittees engaged in 
managed hunts conducted on game lands 
in accordance with 15A NCAC lOD 
.0003(d)(4) (^ 
(c) Open Seasons (Bow and Arrow) 
(1) Authorization. Subject to the restrictions 
set out in Subparagraph (3) of this Para- 
graph and the bag limits set out in Para- 
graph (c) of this Rule (and except where 
prohibited by local law), deer of either sex 
may be taken with bow and arrow during 
the following seasons: 

(A) Monday on or nearest September 10 to 
the fourth Saturday thereafter in the 
counties and parts of counties having the 
open season for male deer specified by 
Part (A) of Subparagraph (b)(1) of this 
Rule, except on the Sandhills Game Land. 

(-&^ Monday ett ef noaroi . t Septombor -W te 
t4*e f . L'cond Saturday before Thank '. giving 
m t4ie oountioo aftd paita ef oountioL i huv 
iftg the open r . L ' a ' . . onf i ftw male doer lipeci 
fted by i^ttrt (4^ »f Subparagraph (b)(1) 
ef A» Rulo. 

(B) fG) Monday on or nearest September 
10 to the fourth Saturday thereafter, and 
Monday on or nearest October 15 to the 
Saturday before Thanksgiving in the 
counties and parts of counties having the 
open seasons for male deer specified by 
Part fe> [B] of Subparagraph (b)(1) of 
this Rule, e xcept vpt ')'ancey (bounty. 

(C) f©^ Monday on or nearest September 
10 to the third Saturday before Thanks- 
giving in the counties and parts of coun- 
ties having the open season for male deer 
specified by Part i^ (C| of Subparagraph 
(b)(1) of this Rule, and on Sandhills 
Game Land. 

{i^ ^"anc e y County 

(-rVf Monday &«■ &f neare '. t September -l-Q te- 

t+w ft)urtli Saturday thereafter fof untlered 

fcktf only. 
(-ft) Monday eft 6>f nearer . t October 44 t» 

the Saturday before ThanliL . gi' i uig fof deep 

wf either sesr 
(2| (4f Restrictions 

(A) Dogs may not be used for hunting deer 

during the bow and arrow season. 



(B) It is unlawful to carry any type of 
firearm while hunting with a bow during 
the bow and arrow deer hunting season. 

(C) Only bows and arrows of the types au- 
thorized in 15A NCAC lOB .0116 for 
taking deer may be used during the bow 
and arrow deer hunting season. 

(d) Open Seasons (Muzzle-Loading Rifles and 
Shotguns) 

(1) Authorization. Subject to the restrictions 
set out in Subparagraph (2) of this Para- 
graph, deer may be taken only with 
muzzle-loading firearms during the fol- 
lowing seasons: 

(A) Monday on or nearest October 8 to the 
following Saturday in the counties and 
parts of counties having the open seasons 
for male deer specified by Items (A) and 
fQ (B) of Subparagraph (b)(1) of this 
Rule, except on Sandhills Game Land. 

f8) Monday te Saturday ef the week pfe- 
ceding I'hankogi' i ing week ift the countieo 
aft4 parts ©f oountion bai l ing the open 
s e af . ons fof mal e deef r . peoifiod by- It e m 
f&) ©f Subparagraph (b)(1) ef tte Rule. 

(B) fG) Monday to Saturday of the second 
week before Thanksgiving week in the 
counties and parts of counties having the 
open season for male deer specified by 
Part © (C} of Subparagraph (b)( 1) of this 
Rule, and on Sandhills Game Land. 

(2) Restrictions 

(A) Only male deer with visible antlers may 

be taken during the muzzle-loading 

firearms seasons except that: 

(i) On the last day of the established 
muzzle-loading firearms season a maxi- 
mum of two antlerlcss deer may be 
substituted for an equal number of 
antlcred deer when taken in that part 
of any county listed below that has an 
established gun either-sex deer season. 
/Vlexander Cleveland 

Alleghany Davie 

Ashe Fors\lh 

Burke Iredell 

Caldwell Mecklenburg 

Catawba McDoweU 

Rutherford Stokes 

Surry Wilkes 

(ii) In those areas with an established gun 
either-sex deer season in counties or 
parts of counties hstcd in Paragraph 
(b)(1)(A) or (-Df (Cj of this Rule a 
maximum of two antlerless deer may 
be substituted for an equal number of 
antlercd deer and one additional 



NO RTH CAROL IN A R EG IS TER 



90S 



PROPOSED RULES 



antlerless deer is permitted without 
substitution. 

(B) Dogs may not be used for hunting deer 
during the muzzle-loading firearms sea- 
sons. 

(C) Pistols may not be carried while hunt- 
ing deer during the muzzle-loading 
firearms seasons. 

(e) Ba2 Limits 

( 1 ) .Male Deer With Visible .\ntlers. Daily, 
two; possession, two: four: season, four, 
one of the four male deer with visible 
antlers is required to ha\e a minimum of 
four points on one main antler beam. 

(2| Antlerless Deer. Where antlerless deer 
may be lawfully taken, a maximum of two 
antlerless deer may be substituted for an 
equal number of antlered deer in the limits 
contained in Subparagraph (1) of this 
Paragraph. Antlerless deer include males 
with knobs or buttons covered by skin or 
velvet as distinguished from spikes 
protruding through the skin. 

(3) Managed Game Land Hunts. Lxclud e d 
from In addition to the poo ^' iJO ' jiQn a«4 
season Umits set forth in Subparagraphs 
(1) and (2) of this Paragraph one addi- 
tional either sex deer is permitted when 
afe cWf t4' LMthcr ^r** taken h\ permittees 
engaged in managed hunts conducted on 
same lands in accordance with 1 5.A 
NCAC KID .0003(d)(4) and (5), such deer 
being in addition to the specific pQOi .e L i tion 
aft4 season limits set out in this Para- 
graph. 

(4) In those areas with an established gun 
either-sex deer season in counties and 
parts of counties hsted in Paragraph 
(b)(1)(A) or f4^ [Cj of this Kuh, one 
additional antlerless deer is permitted 
without substitution when taken during a 
gun either-sex, bow and arrow or muzzle- 
loading firearms season. 

(f) Kill Reports. The carcass of each deer shall 
be taaaed and the kill reported as provided by 
15A NCAC lOB .0113. 

Statiuon Authority G.S. J/3-134; 113-270.3; 
113-2^6.1; 1 13-291.1; 113-291.2. 

.0209 WILD Tl RKE^ (BEARDED TLRKE^S 
ON [A) 

(a) Open Season: Second Saturday in April to 
Saturday of the fourth week thereafter on 
bearded turkeys in the following counties: 
.-\lleghan\'. Ashe, Bertie. Buncombe, Burko, 
Caswell. Cherokee. Clay. Durham. Graham, 
Grans'iUe, Ha\^vood. Ihde, Jackson. .Macon, 



.McDowell, Mitchell, Qnolo' i ' i ', Orange, Person, 
Rockingham, Scotland, and in the foUovving 
portions of counties: 

Alamance: AH of the county except that part 
south of 1-85 and west of NC 87. 

Anson: That part east of US 52 and north of 
US 74. 

Bladen: Att (4 tl^ county oxcopt Aa* part 
bounded t*» A^ "A-e** t»r trS- ^u+r e«- tb* 
e*+ hf 344t aft4 e» A^ oouth by N4^ ^ 
S4^ 1730, *r4 4*t» Columbuo ('ounty foer 
That part south of NC 701 and east of a 
Ime formed bv NC 210, NC 53, SR 1730~ 

Brunswick: 1 hat part north of US 74-76. 

Burke: That part north of 1-40. 

Caldwell: That part west of US 321. 

Carteret: That part west of US 70 and north 
of NC 24. 

Chatham: That part north and west of US 1. 

Chowan: That part south of US 17. 

Columbus: That part south of US 74 and west 
of NC 410 and that part north of NC 87. 

Cra\en: That part west of L S 70, and south 
of SR 4+007 1101. 

Guilford: That part north of a boundan,' 
formed by 1-85 and 1-40. 

Halifax: That part north of NC 903 and east 
of 1-95. 

Ila; i "vvood: "I hut fKirt nortli b4 I ' 10. 

Henderson: I'hat part west of 1-26. 

Hoke: That part south and west of NC 211. 

Jackson: That part south of US 74 except the 
portion bounded on the ni^rtli bv NC 2S1, 
on the west bv NC 107, and on the south 
bv US 64_ 

Johnston: Ihat part south of US 70 and 1-95 
and east of US 701. 

Jonoo: T4»t- prtrt faiuth trf ^^ 4+0^ aft4 Xe 
^ *«• Mayr . sill e tt«4 t»*4 »f t* 4^ 

Madison: .All of the county except that part 
north of NC 208, NC 212 and SR 1434. 

Martin: Ihat part north of a boundarv' formed 
by US 64 from the Washington County 
line to Williamston, north of NC 125 
from Williamston to the junction with 
NC 142, and north of NC 142 to the 
Edgecombe County line. 

Montgomer.': That part south of NC 24-27. 

Northampton: That part south of a boundarv" 
formed by US 158 from the Halifax 
County line to Jackson, NC 305 from 
Jackson to Rich Square. L'S 258 from 
Rich Square to NC 308. and NC 308 to 
the Bertie County line. 

Onslow: .All of the count\- except that part 
eas^ of a line formed bv US P_ SR 14.U 
and SR 1442. 



909 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Pender: That part west of US 421. from Ae 

Sampson County fee te- NC ^W aft4 
.-^..♦t, nf v^ Tin o.^^ vr^ 1 TT ttk tu^ v'^.., 

Hanov e r County lifter 
Perquimans: That part south of US 17. 
Richmond: That part north of US 74. 
Robeson: That part east of 1-95 and south of 

US 74. 
Surry: That part west of 1-77. 
Swain: /Vll of the county except that part 

south of US 19 and west of NC 28. 
Transylvania: All of the county except that 
part west of US 178, and south of US 64. 
Watauga: That part north and east of US 434t 

321. 
Wilkes: That part north of t^S 44+r NC 268. 
Yancey: AU of the county except that part 
bounded on the west by NC 197, on the 
north by US 19E, and on the east by NC 
80. 
**The Sandhills Game Land in Richmond, 
Scotland, and Moore Counties and the Roanoke 
River Wetlands in Bertie, Hahfax, and Martin 
Counties are closed to turkey hunting except by 
holders of special permits authorizing turkey 
hunting. Such permits are issued by authorized 
representatives of the Wildlife Resources Com- 
mission. 

(b) Bag Limits: Daily, one; possession, two; 
season, two. 

(c) Dogs Prohibited. It is unlawful to use dogs 
for hunting turkeys. 

(d) Kill Reports. The carcass of each wild 
turkey shall be tagged and the kill reported as 
provided by 15A NCAC lOB .0113. 

Statutory Authority G.S. 113-134: 113-270.3; 
1 1 3-276.1; 1 13-291.2. 

SI BCHAPTKR IOC - IM AND FISHING 
REGLLAIIONS 

SECTION .0200 - GENERAL REGL'LATIONS 

.0205 PUBLIC MOLNTAIN 1 ROLT WATERS 

(a) Designation of PubHc Mountain Trout 
Waters. On game lands located in western North 
Carolina certain waters are classified and desig- 
nated as public mountain trout waters. Those 
not further specifically classified as native trout 
waters are classified as general trout waters. (See 
15A NCAC lOD .0004) Other streams, portions 
of streams, and bodies of water which are not 
located on game lands are designated within this 
Rule as public mountain trout waters and are 
classified as general or native trout waters. These 
waters are posted and lists thereof are filed with 
the clerks of superior court of the counties in 
which they are located: 



(1) Genera] Trout Waters. The general pubhc 
mountain trout waters which are not lo- 
cated on game lands are designated in this 
Subparagraph under the counties where 
located. Indentation indicates the 

watercourse named is tributary to the next 
preceding watercourse named and not so 
indented. The designation applies to the 
entire watercourse or impoundment 
named except as otherwise indicated in 
parentheses following the name. Other 
clarifying information may also be in- 
cluded parenthetically: 
(H) Clay County: 

Iliwassee River (not trout water) 

Fires Creek (bear sanctuary line to SR 

1300) 
Tusquitee Creek (headwaters to lower 

bndge on SR 1300) 
Tuni Creek 
Shooting Creek (headwaters to US 64 

bndge at SR 1338) 
Hothouse Creek 
Vineyard Creek 
Littlo TonnL'f i'. L ' o Ri^cr fftot- trout wat e r) 
Nantahalu Risfr (Roaring Fork to a.Kif . t 
iftg Nantahula I oka wator Il ' ^'oI) 
Note: See Part ^ Subparagraph (-3^ »f Ais I^ara 
graph fa^ fsf lioanonal designation of a portion 
ef Nantahala Rivor as native trout wat e r. 
(M) Macon County: 

Little Tennessee River (not trout water) 
Nantahala River (lower) (I - loaring Fork 
(Nantahala Dam to Swain County line 
on US 19) 
Queens Creek Lake 

Roaring Fork Creek (US Forest Service 

property line to mouth) 
Bumingtown Creek 
Cullasaja River (Sequoah Dam to US 64 
bridge near junction of SR 1672) 
EUijay Creek (except where posted 

against trespass) 
Mirror Lake 
Cartoogechaye Creek (US 64 bridge to 

Little Tennessee River) 
Tessentee Creek (Nichols Branch to 
Little 
Tennessee River, except where posted 

against trespassing) 
Savannah River (not tr(5ut water) 

Big Creek (base of falls to Georgia State 
line) 
Note: See Part I7 Subparagraph (-3^ ef tl«s Para 
graph (*) f»f r . uar . onal dosignalion ef a portion 
»f Nantahala Riv e r as nativ e trout ' i vatur. 
(T) Surry County: 

Yadkin River (not trout water) 



NORTH CAROLIN.4 REGISTER 



910 



PROPOSED RULES 



Ararat River (not trout ualer) (Virginia 

StatL ' UfH» k> .lohnr . on O e ek) 
Little l-'isher River (Virginia State line to 

NC 89 bridge) 

Cooper Creek 

Mcrritt Creek 

Pauls Creek (Virginia State line to SR 
1625) 
(2) Native Trout Waters. The native trout 
waters which are not located on game 
lands are designated in this Subparagraph 
under the counties where located: 
(J-^ Cluy c*ft4 Macon Countie ' j. Ihat per 
tieft ef ti*e Nuntuhala Risor locat e d Hf- 
btroam from Nantahala Lak e a«4 ali 
tributarior . (excluding impoundmonto) 
' ■ ' I 'hich ttft* doLiigiKitod r^ gononil trout ¥r«- 
t<*f tft Fart '. (444- ci«4 (-M-^ trf Subparagraph 
(-I") b4-" t-fe Puragidph fa-^ afe rodor . ignatod 
nutivo trout water dining Ar' period fro rn 
Junuapy 4- k+ tW reopening t4 the g e n e ral 
trout ^ . eaiion » the Spring, wni I ' hull Fe- 
main general trout ' ■ ' ■ iiter during Ae brti- 
cmce f4" tfee vear. 



Statutory Authority G.S. 
J / 3-292. 



113-134: 113-272; 



SECTION .0300 - GAMK HSU 

.0301 INL.VND GAME FISHES DESIGNATED 

The following fishes are classified and desig- 
nated as inland game fishes: 

(1) mountain trout, all species including but 
not limited to rainbow, steelhead, golden, 
brown and brook trout; 

(2) muskellunge and tiger muskie; 

(3) chain pickerel (jack); 

(4) walleye; 

(5) black bass, including spotted, smallmouth 
and largcmouth bass; 

(6) white bass; 

(7) spotted sea trout (speckled trout), when 
found in inland fishing waters; 

(8) flounder, when found in inland fishing 
waters; 

(9) red diiim (channel bass, red fish, puppv 
daim). u hen found m inland lishing waters; 

(10) (-Vf stnped bass and Morone Inbnds 
(striped bass-white bass), when found in in- 
land fishing waters; 

(11) (-O4 kokanee salmon; 

(12) (4-(^ Panfishcs. including as a group, white 
perch and yellow perch (when tbund in in- 
land fishing waters), crappie, warmouth, 
redbreast or robin, bluegill or bream, rock 
bass, redeye, sauger, and all other species 



of sunfish, perch and pickerel not specifically 
listed in tliis Rule. 

Statutory^ Authority G.S. 113-129: 113-134. 

.0305 OPEN SEASONS: CREEL AND SIZE 
LIMITS 

(a) Generally. Subject to the exceptions listed 
in Paragraph (b) of this Rule, the open seasons 
and creel and size limits are as indicated in the 
following table: 



GAME FISHES 

Mountain Irout 
(AU Species) 



Muskellunge 
and Tiger Musky 

Chain Pickerel 
(Jack) 

Walleye 



Sauger 



Sea Trout (Spot- 
ted or Speckled) 

Flounder 

Red drum (channel 
bass, red fish. 
pupp\ drum ) 

Striped Bass 
and their h\ brids 



DAILY CREEL 
LIMITS 



(excptn. 3) 



None 
(excptn. 44 



(excptn. 9 
and 10) 



Black Bass: 
Largemouth 


8 

(excptn. 8 
and 10) 


Smallmouth 
and Spotted 


8 

(excptn. 8 
and 10) 


Wliite Bass 


25 
(excptn. 4-^ 



None 



None 



None 



8 aggregate 
(e.\c. 1 and 6) 



911 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(Morone Hybrids) 
Kokanee Salmon 
Panfishes 

NOXGAME FISHES 

MINIMUM 
SIZE LIMHS 

None 

(excptn. 3) 



30 in. 
None 



None 
(excptn. 9) 



15 in. 

14 in. 

(excptns. 4, 
8 and 11) 

12 in. 

(excptns. 4, 
8 and 1 1) 

None 
N(tnL> 12 in. 



n in_ 
14 in. 



16 in. 

(exc. 1 and 12) 



None 



None 
(e.xcptn. 5) 

None 

OPEN SEASON 
(EXCPTN. 2) 

All year, e.xcept 
.March 1 to 1/2 
hr. before 
sunrise on 
first Saturday 
in April 
(excptns. 2 and 3) 

ALL YEAR 



ALL YEAR 
ALL YEAR 

ALL YEAR 
ALL YEAR 

ALL YEAR 

ALL YEAR 

ALL ^ EAR 

AI L YEAR 
Al 1 'I 1 AR 

ALL YEAR 

ALL YEAR 



None 



None 



ALL YEAR 

(excptn. 5) 

ALL YEAR 
(excptn. 7) 



(b) Exceptions 
(6) III the inland fishing waters of the coastal 
rivers and their tributaries extending up- 
stream to the first impoundment, or to the 
headwaters, if unimpounded, the daily 
creel limit for stnped bass and their hy- 
brids is three fish, except from April ]_ to 
May 31 the dail\' creel limit is four fish 
and no fish between the lengths of 22 



inches and 27 inches may be retained. 



(7) 



(8) 



See 15A NCAC lUC .0407 for open sea- 
sons for taking nongame fishes by special 
devices. 

The maximum combined number of 
black bass of all species that may be re- 
tained is eight fish, no more than two of 
which may be smaller than the applicable 
minimum sLie limit. 1 he minimum size 
limit for all species of black bass is 44 14 
inches, with no exception in Lake Luke 
-Marion in .Moore (,'ount\', in Reed\' 
Creek Park lakes in .Mecklenburg County, 
and in Currituck Sound and tributaries 
north of \\'right Memorial Bridge: in 
North River ind tributaries m Currituck 
and Camden Counties north of a line be- 
tween Camden Point and the end of SR 
1124. »fi4 ift In and west of Madison, 
Buncombe, Henderson and Polk Coun- 
ties the minimum si/e limit is V2 inches. 
In B. L\erett Jordan Reservoir a daily 
creel limit of four fish and a minimum size 
limit of 16 inches, with no exception, ap- 
ply to largemouth bass. In Falls of Neuse 
Reser\-oir, east of SR 1004, Sutton Lake 
and Tuckertown Lake the daily creel limit 
for black bass is four fish, no black bass 
between the lengths of 12 inches and 16 
inches may be retained, and the minimum 
size limit for black bass is 16 inches, ex- 
cept that the daily creel may contain two 
black bass of less than 12 inches in length. 
In John II. Kerr Reservoir and Lake 
Gaston the black bass daih' creel Umit is 
»f five fish, '. hall appK k+ black baf . s, 
provided rfwri- t-hi-. limit ' . i hall bL ' com e ef- 
fectii ie only V i hon a«4 tf t4+i^ Stal e &f 
Virginia impOL ^ o - j » Itk* crool limit fof 
black ba«i talion from thor . o 
impoundmont ' i. hi \Y Kerr Scott Reser- 
voir there is no minimum size Imiit for 
spotted bass. 



NORTH CAROLINA REGISTER 



912 



PROPOSED RULES 



Statutoiy Authoritv G.S. 
113-304: 113-305. 



113-134; 113-292: 



(1) 



SECTION .0400 - NONGAME FISH 

.0404 SPECIAL DEVICE FISHING 

(b) Nets. Manually operated nets, including 
seines and bow, cast, dip, gill, drift and fyke nets 
may be used under the special device fishing li- 
cense. 

No fi.xed or giU net or other stationan,' net 
which may be authorized as a special 
fishing device may be more than 100 yards 
in length, nor shall any such net be placed 
within 50 yards of any other fixed net. 
Fixed nets must be set so that they run 
parallel to the nearest shoreline, except in 
the Neuse. Trent. Northeast Cape Fear. 
Cape Fear, and Black Rivers and their 
tributaries. >^ anchored Bf tlxod eli Ht»4- 
&f lipift H#4- r . hall b^ U ' K'd unk '- ; .' : . • juch Fh4- 
it. marlcLid A+f A# protection ef boat ep- 
crutorr . . A Ht4 ;i hdil b^ doL'mod -r^ murkod 
whun thoro » attached te it- at- oach eH4 a 
floating plar . tic j«s 9* otiior floating objoct 
Ht+t- k^* than 5+* inchL'i . » rt* ^ i inallo ' jt 4i- 
mon ' ion '. . I'loat ' : . inarkinu t4+e L ' nd ;. '. hull 
be colored ' . vhitij. Gki ' jii float ' : . aft4 metal 
cans may set- be used. A net shall be 
deemed so marked when there is attached 
to it_ a[ each end two separate \ellow 
buoNs which shall be of solid foam or 
other solid buoyant material no less than 
ti\e inches in its smalk'st dimensions. All 
nets shall be affixed with a tat; upon which 
the (HMiers name and address is legibh' 
and indeliblv inscribed. 



(e) Crab pots. Persons owning property adja- 
cent to the inland fishing waters of coastal ri\crs 
and their tnbutanes are permitted to set two crab 
pots to be attached to their property and not 
subject to special de\ice license requirements. 

Statuton Aut/wriiv G.S. J 13-/34: 1 13-272.2: 
/ 13-27-6: // 3-292. ' 

.0407 PERMUTED SPECIAL DEMCES .\ND 
OPEN SEASONS 

Fxcept in designated public mountain trout 
waters, and in impounded waters located on the 
Sandhills Game Land, there is a year-round open 
season for the licensed taking of nongame fishes 
by bow and arrow. Seasons and waters in which 
the use of other special devices is authorized arc 
indicated by counties below: 

(67) P;milico: 



(a) December 1 to June 5 with dip, bow and 
gill nets in all inland pubhc waters; 

(4*4 Persons owning property adjacent to tb# 
inland fishing waters »f Dawson Creek 
»fi4 Tarkiln Creek a«* permitted i» set- 

property aftd set- subject te- special dosico 
lic e ns e requirements; 

Statuton' Authority G.S. 113-134: 113-276; 
113-292. 

SLBCHAPTER lOD - GAME LANDS 
REGLL.\TIONS 

.0002 GENERAL REGULATIONS REGARDING 
LSE 

(f) Trapping. Subject to the restrictions con- 
tained in 15A NCAC 1 OB .01 10, .0302 and .0303, 
trapping of furbearing animals is permitted on 
game lands during the applicable open seasons, 
except that trapping is prohibited: 

(1) on the field trial course of the Sandhills 
Game Land; 

(2) on the Harmon Den and Sherwood bear 
sanctuaries in Hax'wood County: 

(3) in posted "safety zones" located on any 
game land; 

(4) b\ the use of multiple sets (with anchors 
less than 15 feet apart) or bait on the Na- 
tional Forest Lands bounded by the Blue 
Ridge Parkway on the south, L'S 276 on 
the north and east, and NC 215 on the 
west; 

(5) on that portion of the Butner-FaUs of 
Neuse Game Lands marked as the Penny 
Bend Rabbit Research area; 

(6) on Cowan's Ford Waterfowl Refuge in 
Gaston, Lincoln and .Mecklenburg Coun- 
ties; 

(7) on the Hunting Creek Swamp Watertbwl 
Refuge. 

On those areas of state-o\\ ned land known col- 
lectively as the Roanoke River Wetlands and 
mcluding the Broadneck, Company Swamp, 
Conine Island, Speller-Outlaw and I'rquhart 
tracts, controlled trapping is allowed under a 
permit s\stem. For information contact the Di- 
vision of Wildlife Management of the Wildlife 
Resources Commission. 

Statuton Authoritv G.S. 113-134: 113-264; 
113-270.3: 113-291.2: 113-291.5: 113-305; 
113-306. 

.0003 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person whUe 
hunting on an\" designated game land shall be 
under the influence of alcohol or any narcotic 



9/.? 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



drug, or fail to comply with special restrictions 
regarding the use of the Blue Ridge Parkway 
where it adjoins game lands listed in this Rule. 

(b) Traffic Requirements. No person shall 
park a vehicle on game lands in such a manner 
as to block traffic or otherwise prevent vehicles 
from using the roadway. 

(c) (4*} Tree Stands. It is unlawful to erect or 
to occupy, for the purpose of hunting, any tree 
stand or platform attached by nails, screws, bolts 
or wire to a tree on any game land designated 
herein. This prohibition shall not apply to lag- 
screw steps or portable stands that are removed 
after use with no metal left remaining in or at- 
tached to the tree. 

(d) (e)- Time and Manner of Taking. Except 
where closed to hunting or limited to specific 
dates by these regulations, hunting on game lands 
is permitted during the open season for the game 
or furbearing species being hunted. On managed 
waterfowl impoundments, hunters shall not enter 
the posted impoundment areas earher than 4:00 
a.m. on the permitted hunting dates, and hunting 
is prohibited after 1:00 p.m. on such hunting 
dates; decoys may not be set out prior to 4:00 
a.m. and must be remo\'cd by 3:00 p.m. each 
day. On Butner-Falls of Neuse, New Hope and 
Shearon Harris Game Lands waterfowl hunting 
is prohibited after 1:00 p.m. on the open hunting 
days. No person shall operate any vessel or ve- 
hicle powered by an internal combustion engine 
on a managed waterfowl impoundment. 

No person shall attempt to obscure the sex or 
age of any bird or animal taken by severing the 
head or any other part thereof, or possess any 
bird or animal which has been so mutilated. 

No person shall place, or cause to be placed on 
any game land, salt, grain, fruit, or other foods 
without prior written authorization of the com- 
mission or its agent and no person shall take or 
attempt to take any game birds or game animals 
attracted to such foods. 

No live wild animals or wild birds shall be re- 
moved from any game land. 
(c) (-4^ Hunting Dates: 
( 1 ) Doves may be taken on the following 
game lands and dove hunting is limited to 
Mondays, Wednesdays, Saturdays and to 
Thanksgiving, Christmas and New Yu ' iiro 
Year's Days within the federally- 
announced season: 
Buncombe County- Browntown Farms 

Game Land 
Guilford County--Guilford Count\' Farm 

Ciame Land 
Lenoir County— Caswell Farm Game Land 
Wayne Countv--Chcrry Farm Game Land 



(2) Any game may be taken during the open 
seasons on the following game lands and 
hunting is limited to Mondays, Wednes- 
days, Saturdays and Thanksgiving, 
Christmas and New Years Year's Days. 
In addition, deer may be taken with bow 
and arrow on the opening day of the bow 
and arrow season for deer. Raccoon and 
opossum hunting may continue until 7:00 
a.m. on Tuesdays, untU 7:00 a.m. on 
Thursdays, and until midnight on Satur- 
days. Additional restrictions apply as in- 
dicated in parentheses following specific 
designations: 

Ashe County— Carson Woods Game Land 

Bertie County--Bertie County Game Lands 

Bladen County-- Bladen I akes State Forest 
Game Lands (Handguns may not be car- 
ried and, except for muzzle-loaders, rifles 
larger than .22 caUber rimfire may not be 
used or possessed. On the Breece Tract 
and the Singletan,' Tract deer and bear 
may be taken only by still hunting. Deer 
of either sex may be taken on the first 
Wednesday after Thanksgiving and on the 
second Saturday after Thanksgiving.) 

Caswell County--Caswell Game Land 
(That part designated and posted as a 
"safety zone" is closed to all hunting and 
trapping, and entry upon such area for 
any purpose, except by authorized per- 
sonnel in the performance of their duties, 
is prohibited. On areas posted as "re- 
stricted zones" hunting is limited to bow 
and arrow.) 

Catawba and Iredell Counties--Catawba 
Game Land (No deer may be taken from 
the tracts known as Island Point or 
Molly's Backbone.) 

Lenoir County--H.M. Bizzell, Sr., Game 
I and 

Onslow County— White Oak River 
Impoundment Game Land (In addition 
to the dates above indicated, waterfowl 
may be taken on the opening and closing 
days of the applicable waterfowl seasons.) 

Pender County--Holly Shelter Game Land 
(In addition to the dates above indicated, 
waterfowl may be taken on the opening 
and closing days of the applicable 
waterfowl seasons. Deer of cither sex may 
be taken on the first Wednesday after 
Thanksgiving and on the second Saturday 
after Thanksgiving.) 

Richmond, Scotland and Moore Counties-- 
Sandhnis Game Land (The regular gun 
season for deer consists of the open hunt- 
ing dates from the second Monday before 



NORTH CAROLINA REGISTER 



914 



PROPOSED RULES 



Thanksgiving to the third Saturday after 
Thanksgiving except on the field trial 
grounds where the gun season is from the 
second Monday before ThanksgivLng to 
the Saturday following Thanksgiving. 
Deer may be taken with bow and arrow 
on all open hunting dates during the bow 
and arrow season, as well as during the 
regular gun season. Deer may be taken 
with muzzle-loading firearms on Monday, 
Wednesday and Saturday of the second 
week before Thanksgising week, and 
during the regular gun season. Except for 
the deer seasons above indicated and the 
managed either-sex permit hunts, the field 
trial grounds are closed to all hunting 
during the period October 22 to March 
31. In addition to the regular hunting 
days, waterfowl may be taken on the 
opening and closing days of the applicable 
waterfowl seasons.) Wild turkey hunting 
i^ bv permit onh". 

Robeson CQuntv--RuUard and Branch 
Hunting Fresep.e (jame I and 

Stokes County--Sauratown F'lantation 
Game Land 

"Yadkin County-- Huntsville Community 
Fanns Game Land 
(3) Any game may be taken on the following 
game lands during the open season, except 
that: 

(A) Bears may not be taken on lands des- 
ignated and posted as bear sanctuaries; 

(B) Wild boar may not be taken with the 
use of dogs on such bear sanctuaries, and 
wild boar may be hunted only during the 
bow and arrow seasons and the regular 
gun season on male deer on bear sanctu- 
aries located in and west of the counties 
of Madison, Buncombe, Henderson and 
Polk; 

(C) On game lands open to deer hunting 
located in or west of the counties of 
Rockingham, Guilford, Randolph, 
Montgomery' and Anson, dogs may not 
be used for any hunting (day or niglit) 
during the regular season for hunting deer 
with guns; except that small game may be 
hunted with dogs in season on aU game 
lands, other than bear sanctuaries, in the 
counties of Cherokee, Clay. Jackson, 
Macon, Madison, Polk and Swain; 

(D) On Croatan, Goose Creek, New Mope 
and Shearon Harris Game Lands 
waterfowl may be taken only on Mon- 
days, Wednesdays, Saturdays; on 
Thanksgiving, Christmas and New ^'ear's 
Days; and on the opening and closing 



days of the applicable waterfowl seasons; 
except that outside the posted waterfowl 
impoundments on Goose Creek Game 
L^nd hunting any waterfowl in season is 
permitted any week day during the last 10 
days of the regular duck season as estab- 
lished by the U.S. Fish and WUdlife Ser- 
vice; On the Pamlico Point, Campbell 
Creek, and Spring Creek impoundments 
a special permit is required for hunting on 
those opening and closing days of the 
waterfowl season as well as on those Sat- 
urdays that fall after November 1 of the 
season and on Ihanksgiving Chriotmao, 
and New Year's day; 

(E) On the posted waterfowl 
impoundments of Gull Rock Game Land 
hunting of any species of wildlife is limited 
to Mondays, Wednesdays, Saturdays; 
Thanksgiving, Christmas, and New Year's 
Days; and the opening and closing days 
of the applicable waterfowl seasons; 

(F) On bear sanctuaries in and west of 
Madison, Buncombe, Henderson and 
Polk Counties dogs may not be trained 
or allowed to run unleashed between 
March 1 and October 11; 

(G) On Butner-Falls of Neuse and Person 
Game Lands waterfowl may be taken only 
on Tuesdays, Thursdays and Saturdays, 
Christmas and New Year's Days, and on 
the opening and closing days of the ap- 
plicable waterfowl seasons; 

(H) On /Vngola Bay, Croatan, Goose 
Creek, Hofmann Forest and luscarora 
Game Lands deer of either sex may be 
taken from the first Wednesday after 
Thanksgiving through the following Sat- 
urday; 

(L) Horseback riding is allowed on the 
CasweU and Thurmond Chatham game 
lands only during June, July, and August 
and on Sundays during the remainder of 
the year except during open turkey and 
deer seasons. Horseback riding is allowed 
only on roads opened to vehicular traffic. 
Participants must obtain a game lands li- 
cense prior to engaging in such acti\'ity; 

(J) On the posted waterfowl impoundments 
on the New Hope and Butner-lalls o| 
Neuse game lands a special pennit is re- 
quired for all uateri'owl hunting. 

(K) (J-^ .Additional restnctions or modifica- 
tions apply as indicated in parentheses 
following specific designations: 

,\lexander and CaldueU Counties-- Brushy 
Mountains Game Lands 

Anson Countv--Anson Game Land 



91 > 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Ashe County— Bluff iMountain Game Lands 

Ashe County—Cherokee Game lands 

Ashe and Watauga Counties— Elk Knob 
Game Land 

Avery, Buncombe, Burke, Caldwell, 
Haywood, Henderson, Jackson, Madison, 
McDowell, Mitchell, Transylvania, 
Watauga and Yancey Counties— Pisgah 
Game Lands (Harmon Den and 
Sherwood Bear Sanctuaries in Haywood 
County are closed to hunting raccoon, 
opossum and wildcat. Training raccoon 
and opossum dogs is prohibited from 
March 1 to October 1 1 in that part of 
Madison County north of the French 
Broad River, south of US 25-70 and west 
ofSR 1319.) 

Beaufort, Bertie and Washington Counties- 
- Bachelor Bay Game Lands 

Beaufort and Pamlico Counties— Goose 
Creek Game Land 

Brunswick County— Green Swamp Game 
Land 

Burke County— South Mountains Game 
Lands 

Burke, McDowell and Rutherford 
Counties— Dysartsville Game Lands 

CaldweU County— Yadkin Game Land 

Carteret, Craven and Jones Counties-- 
Croatan Game Lands (It is unlawful to 
train dogs or allow dogs to nm unleashed 
between March J_ and July 31) 

Chatham County— Chatham Game Land 

Chatham, Durham, Orange, and Wake 
Counties— New Hope Game I^ands 

Chatham and Wake Counties-Shearon 
Harris Game Land 

Cherokee, Clay, Graham, Jackson, Macon, 
Swain and I'ransylvania Counties-- 
Nantahala Game Lands (It is unlawful to 
take or hunt deer on Fires Creek Bear 
Sanctuary. Raccoon and opossum may 
be hunted only from sunset Friday until 
sunrise on Saturday and from sunset until 
12:00 midnight on Saturday on Fires 
Creek Bear Sanctuary in Clay County and 
in that part of Cherokee County north of 
US 64 and NC 294, east of Persimmon 
Creek and Hiwassee Lake, south of 
Hiwassce Lake and west of Nottcly River; 
in the same part of Cherokee County dog 
training is prohibited from .March 1 to 
October 11. It is unlawful to train dogs 
or allow dogs to run unleashed on Fires 
Creek Bear Sanctuary at any time, except 
that dogs may be used when hunting 
raccoon or opossum and for hunting 
grouse and rabbits during the open sea- 



sons. It is unlawful to train dogs or aUow 
dogs to run unleased on any game land in 
Graham County between March 1 and 
October 11.) 
Chowan County--Chowan Game Land 
Chowan County--Chovvan Swamp Game 

Land 
Cleveland County--Gardner-Webb Game 

Land 
Craven County--Neuse River Game Land 
Craven County— Tuscarora Game Land 
Currituck County— North River Game Land 
Currituck County--Northwest River Marsh 

Game Land 
Dare County--Dare Game Land (No hunt- 
ing on posted parts of bombing range.) 
Davidson, Davie and Rowan Counties-- 

Alcoa Game Land 
Davidson County- -Linwood Game Land 
Davidson, Montgomery, Randolph and 

Stanly Counties--L'wharrie Game Land 
Duplin and Pender Counties--Angola Bay 

Game Land 
Durham, Granville and Wake Counties-- 
Butner-Falls of Neuse Game Land (On 
portions of the Butner- Falls of Neuse 
Game Land designated and posted as 
"safety zones" and on that part marked 
as the Penny Bend Rabbit Research ,Area 
no hunting is permitted. On portions 
posted as "restricted zones" hunting is 
limited to bow and arrow during the bow 
and arrow season and the regular gun 
season for deer.) 
Franklin County- -Franklin Game Lands 
Gates County--Chowan Swamp Game 

Land 
Granville County- -Granville Game Lands 
Halifax County-- Halifax Game Land 
Flenderson, Polk and Rutherford Counties- 

-Green River Game Lands 
Hyde County--Gull Rock Game Land 
Hyde County-- Pungo River Game Land 
Hyde and Tyrrell Counties— New Lake 

Game Land 
Jones and Onslow Counties--IIofmann 

Forest Game Land 
Lee County— Lee Game Land 
McDowell County-- Hickory Nut Mountain 

Game Land 
Moore County-- Moore Ciame Land 
New Hanover County--Catfish Lake Game 

Land 
Orange County--Orange Game Land 
Person County-- Person Game Land 
Transylvania County-- Toxaway Game I and 
Vance County— Vance Game Land 
Warren County--Warrcn Game Lands 



NORTH CAROLINA REGISTER 



916 



PROPOSED RULES 



WiJkes County--Thurmond Chatham Game 
Land 
(4) Deer of either sex may be taken on the 
hunt dates indicated by holders of permits 
to participate in managed hunts scheduled 
and conducted in accordance with this 
Subparagraph on the game lands or 
portions of game lands included in the 
following schedule: 

Wodnc ' - i day aft4 IhurLiday Friday and Sat- 
urday of the first week after Thanksgiving 
Week: 
Uwharrie and Alcoa southeast of NC 49 

Third Saturday aftef Thankf i giving Day: 
Car '. nn \\"o(^d - j 
1 hurmond Chatham 

Thursday and Friday of the third week be- 
fore after Thanksgiving Week: 
Sandhills east of US 1 
Sandhills west of US I 

Fourth Saturday after rhanksgi\ing Day: 
Carson Woods 

Dysarts\ille m McDoweU County 
IIickor\'nut Mountain in McDowell 

County 
Pisgah in Avery County 
Pisgah in Burke County 
Pisgah in Caldwell County 
Pisgah in McDowell County 
Pisgah in "^'ancey County north of US 

19-19E 
South Mountains 
Thunnond Chatham 

I'ifth Saturday after Thanksa\ing Day: 
Ihurmond (Chatham 



Application forms for pennits to participate 
in managed deer hunts on game lands, to- 
gether with pertinent information and in- 
structions, may be obtained from hunting 
and fishing license agents and from the 
Wildlife Resources Commission. Com- 
pleted applications must be received by the 
Commission not later than the first day of 
October next preceding the dates of hunt. 
Permits are issued by random computer se- 
lection, arc mailed to the permittees 30 days 
pnor to the hunt, and are nontransferable. 
Each permit is accompanied by an appro- 
priate big game tag. A hunter making a kill 
must tag the deer and report the kill to a 
wildlife cooperator agent. 
(5) Except as othenvise indicated, the follow- 
ing game lands or indicated portions 
thereof are closed to aU hunting: Bertie, 
Halifax and Martin Counties--Roanoke 
Ri\er \\'ctlands, consisting of the state- 
owned Broadneck, Company Swamp, 



Conine Island, Speller-Outlaw and 
Urquhart tracts (controUed hunting is 
scheduled and allowed by permit only. 
Interested persons should contact the Di- 
vision of Wildlife Management of the 
Wildlife Resources Commission at the 
Archdale Building, 512 N. Salisbury 
Street, Raleigh, North Carolina 27611.) 

Caswell County--Caswell Game Land (That 
portion designated and posted as a "Safety 
Zone") 

Dare County— Dare Game Lands (Those 
parts of bombing range posted against 
hunting) 

Davie--! lunting Creek Swamp Waterfowl 
Refuge 

Gaston, Lincoln and Mecklenburg 
Counties--Cowan's Ford Waterfowl Ref- 
uge (except for youth either-sex deer 
hunts by permit only on the first and sec- 
ond Saturdays in October). 

Statutory Authority G.S. 113-134; 113-264: 
113-291'. 2; ll3-29l'.5; 113-305. 

.0004 FISHING ON G.WIE L.\NDS 

(a) Generally. E.xcept as otherwise indicated 
herem, fishing on game lands which are open to 
fishing shall be in accordance with the statewide 
regulations. All game lands are open to pubhc 
fishing except restocked ponds on the New I lope 
Game I^nd when posted against fishing. Hunt- 
ing Creek Swamp Waterfowl Refuge. Grogan 
Creek m Transylvania County, and m the case 
of private ponds where fishing may be prohibited 
by the owners thereof. No trotline or set-hook 
nor any net, trap, gig, bow and arrow or other 
special fishing device of a type mentioned in 15A 
NCAC IOC .0403 may be used in any of the 
impounded waters located on the Sandhills 
Game Land. The game lands license is not re- 
quired to fish on the central and eastern game 
lands where there are no designated pubhc 
mountain trout waters. 

(b) Designated Public .Mountain Trout Waters 
(4) Native Trout Waters 

(A) Designation. So much of the following 
pubhc mountain trout waters, including 
all tributaries unless otherwise indicated, 
as are located on game lands, are further 
designated as native trout waters: 
Armstrong Creek above the state fish 

hatchcPi" in McDowell County 
Avery Creek in Transylvania County 
Big Creek in Hax-wood County (game 

land portion) 
Big Creek in Henderson County 
Big Creek in Yancey County 



917 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Big East Fork of Pigeon River in 

Haywood County 
Big Snowbird Creek above the old rail- 
road junction in Graham County 
Bowlen's Creek in Yancey County 
Bradley Creek in the counties of 

Henderson and Transylvania 
Buck Creek in Clay County 
Buck Timber Creek, excluding all 

tributaries, in Avery County 
Caney Fork Creek in Jackson County 
Cary Flat Branch in Aver>' County 
Cataloochee Creek in Hapvood County 
Catawba River in McDowell County 
Colbert Creek in \'ancey County 
Curtis Creek above the fish barrier in 

McDowell County 
Davidson River, above its confluence with 

Aver\' Creek, except Grogan Creek in 

Transylvania County 
Fires Creek in Clay County 
Flat Creek in Jackson County 
Fletcher Creek in Henderson County 
Gage Creek in Jackson County 
Harper Creek in the Counties of AvePy' 

and Caldwell 
Left Prong of Pigeon Roost (Bear 

WaUow) Creek in Mitchell County 
Little East Fork of Pigeon River in 

Flav^vood County 
Lost Cove Creek, except Cjragg Pong and 

Rockhouse Creek, in Aver>' County 
Mackey Creek in McDowell County 
Middle Creek in "V'ancey County 
Middle Prong, West Fork of Pigeon River 

in Ha\"\vood County 
Nantahala River above the bear sanctuary 

line in Macon County 
North Fork French Broad River upstream 

from Long Branch in Trans\lvania 

County 
North 1 larper Creek in Aver>' County 
Rock Creek in \'ancey County 
Slick Rock Creek on the Tennessee line 

and in Graham County 
South Harper Creek in Aven,' County 
South Mills Ri\er in the counties of 

I lenderson and Transylvania 
South Toe River from headwaters to up- 
per game land boundar>' below Black 

Mountain Campground in \'ancey 

County 
Steels Creek in Burke County 
Tanasee Creek in Jackson County 
Tuckasccgce Ri\er. upstream from Clarke 

proper! V (including P.inthertown and 

Circcnland Creeks and Inbutancs) in 

Jackson Count v 



Upper Creek in Burke County 
WTiitewater River below Silver Run 
Creek, and excluding all tributaries, in 
the counties of Jackson and 
Transylvania 
Wilson Creek above the Jim Todd prop- 
erty in Aver\' County 
Wolf Creek, except Balsam Lake (Old 
Mead Lake), in Jackson County 
Note: See Subparagraph f^ ef tfes Paragraph fef 
c . L ' ar i onul dt' >. ignation (rf Nantahala Priv i^ r aft4 aU 
tributaries a* nati^ i 's trout vvatcro. 

(C) Special Regulations. The following 
rules apply as indicated to the game land 
portion of Lost Cove Creek in Avery 
County (excluding Gragg Prong and 
Rockhouse Creek), South I'oe River from 
the concrete bridge above Black Moun- 
tain Campground downstream to the 
game land boundary (excluding Camp 
Creek and Ncals Creek), aft4 to the game 
land portion of Davidson River above 
Aver>^ Creek in Transylvania County (ex- 
cluding Aver>' Creek, Looking Glass 
Creek and Grogan Creek), and to the 
game land portion of Tuckaseegee River 
upstream from Clarke propertv (including 
Panthertown and Green Land Creeks and 
tnbutaries) and Flat Peek in Jackson 
County: 
(ij Open Season. There is no closed 

season, 
(ii) Creel Limit. The daily creel limit is 
four trout, except no trout may be re- 
tained from luckaseegee River and 
tributaries and Flat Oeek. 



(iii) SL^e Limits. I he minimum size is 
se\en inches and the maximum size is 
ten inches, except that one trout ex- 
ceeding fourteen inches may be retained 
from Lost Cove Creek and South Toe 
River, and one trout exceeding sixteen 
inches may be retained from Davidson 
River. 
(i\) .Manner of Taking. Only artificial 
flies having one single hook may be 
used. 
f^ Soanonal Native Trout Waturo. Ail 
portions ef t4*e Nimtahala Ris e r a«4 tte 
Inbulune '. up -. trc ' cini trom Nantahala 1 (d(0 
which afe locat e d *+«■ gamo land ^i rtft4 
V i hich afe designat e d t» *4«* Paragraph fb-f 
as general trout wutoro af© rodesignated 
nalise trout wat e rs during 4*e period from 
JaiuKiP r' 4- until (4+e reopening t4~ tl+e gefi- 
efal trout season i» tl^ spring, only. aH4 
during such period shall be subject t4* tfee 



NORTH CAROLINA REGISTER 



918 



PROPOSED RULES 



limit r . »h4 ro j itrictionc contain e d m Sub 
paragrapii f-l4 ef tbi* Paragraph. 

Statutoty Authoritv G.S. 113-134; 113-264; 
113-272; 113-292; 1/3-305. 



l\ ot/cc is hereby given in accordance with G.S. 
I SOB- 1 2 that the Sorth Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited iu 1 5.-1 \C.4C lOH .0301 - .0302. 



Th 



he proposed effecti\-e date of this action is .\tav 
1. 1990. 

1 he public hearing Mill be conducted at I0;00 
a.m. on Februafy 5. 1990 at Room 3S6, .Archdale 
Building, 5/2 .V. Salisbury Street, Raleigh, .\orih 
Carolina. 

(_' omment Procedures: Interested persons may 
present their vie^\^s either orally or in writing at t/ie 
hearing. In addition, the record of hearing will 
be open for receipt of written comments fivm 
January 22. 1990 to February 20, 1990. Such 
written comments must be delivered or mailed to 
the N.C. Wildlife Resources Commission, 512 N. 
Salisbury- Street. Raleigh. A.C 2761 1. 

SLIJCHAITFR lOH - RKGL LATED ACTIMTIES 

SECTION .0300 - IIOLHING WILDLIFE IN 
CAPTIMTY 

.0301 GENERAL REQLIREMENTS 

(a) Capti\it\' Pcmiit 

(1) Requirement. The possession of any 
species of wild animal which is or once 
was native to tliis State or any species of 
wild bird which naturally occurs or his- 
torically occurred in this State, being na- 
tive or migraton.". is unlawful unless the 
institution or indi\idual in possession 
thereof has frrst obtained from the Wildlife 
Resources Commission a capti\ity permit 
or a capti\itv license as required b\ tliis 
Rule. 

(2| Injured, irvf Cnppled or Orphaned Wildlife. 
Notwithstandmg the prccedmg Subpara- 
graph (1), a cnppled. t+f injured or 
orphaned wild animal or wild bird, except 
deer or black bear may be taken and kept 
m possession for no longer than fn'c da\ s, 
pro\ ided that during such fi\c-day period 
the indi\idual in possession thereof shall 
apply to the \\"ildlife Resources Commis- 



sion, or a wildlife enforcement oflicer of 
the Commission, for a captivity permit. 
Deer and Black Bear. Captivity permits 
will not be issued for crippled, injured or 
orphaned deer or black bear, except to 
certain rehabilitators predesignated bv the 
Commission to pro\ide temporary care 
for deer and black bear. No person, ex- 
cept for a rehabiUtator predesignated bv 
the Commission, shall keep a cnppled. 
mjured or orphaned deer or black bear in 
possession for longer than a 24 hour pe- 
riod. 
(3) Apphcation and Term. A captivity permit 
will be issued without charge and may be 
issued upon informal request by mail, 
telephone, or other means of communi- 
cation; but such permit shall authorize 
possession of the animal or bird only for 
such period of time as may be required for 
the rehabihtation and release to the wild; 
or to obtain a capti\ity hcense as provided 
by Paragraph (b) of this Rule, if such a 
license is authorized, dofirod aft4 is iL> . uc > d. 
or to make a proper disposition of the 
animal or bird, as determined b>' the 
Executive Director, if the application for 
such Ucense is Ht+t- doiir e d e* fof ****¥ Ft*rt- 
soft is denied, or when an existing 
capti\ity license is not renewed or is ter- 
minated, 
(b) Captivit\ License 

(1) Requirement. Except as provided in Par- 
agraph (a) of this Rule, no person shall 
keep any species of wild animal which is 
or once was native to this State or anv 
deer, elk, or other member of the family 
Cen,idae: or an\ coNote. wolf, or other 
member of the famih Canidae: or any 
species of wrld bird which naturally occurs 
or historically occurred in this State, bt'ing 
either natis'o resident or migrator,', with- 
out tirst having obtamed from the Wildlife 
Resources Commission a hcense to hold 
the particular species of animal or bird in 
capti\it>'. Each opocioL^ ef animal »f hif4 
r i hall be tfee Mibj e ct i*f a 'l Oparut e licenOL * 
authori/ing tl+e holding t4 t**w t*f mor e €vf 
t4*e '' pijcier ' at- » location ' - . pociliijd » Ai? 
hcu ' iii/O. 

■Acquisition of Wildlife. Notwithstanding 
the pro\isions o( Subparagraph (a)( 2) ot 
this Rule. capti\ity licenses may not be 
issued if the wild animal or wUd bird was 
acquired unlaw lulK" or mercK' as a pet . 

(2) ixequired 1 acilities. No capli\ity license 
shall be issued until the apphcant has 
constructed or acquired a facility lor 



9/9 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



keeping the animal or bird in captivity 
which shall comply with the minimum 
standards set forth in Rule .0302 of this 
Section, and the adequacy of such facility 
has been verified on inspection by a rep- 
resentative of the Commission. 
(3) Term of License 

(A) Dependent Wildlife. Wbm If the wUd 
animal or wUd bird has been permanently 
rendered incapable of subsisting in the 
wild, the license authorizing its retention 
in captivity shall be an annual license ter- 
minating on December 3 1 of the year for 
which issued. 

(B) Rehabilitable Wildlife. When the wild 
animal or wild bird is temporarily inca- 
pacitated, and may be rehabilitated for 
release to the wild, t4*e any captivity li- 
cense H»y h^ which is issued shall be for 
a such period less than one year as j. uoh 
rehabilitation may require. Capti\it\" li^ 
censes wiU not be issued for rehabilitation 
of deer and black bear. 

(C) Concurrent 1-ederal Permit. No State 
capti\ity license for an endangered or 
threatened species or a migratory bird 
shall be operative to -authorize retention 
thereof for a longer period than is allowed 
by any concurrent federal permit that mav 
be required for its retention. 

(c) Nontransferability. No License or permit 
issued pursuant to this Rule shall be transferable, 
either as to the holder or the site of a holding fa- 
cility. 

(d) Sale or Transfer of Captive Wildlife. It is 
unlawful for any person to transfer or receive any 
wild animal or wild bird which is being held un- 
der a captivity permit issued under Paragraph (a) 
of this Rule, e.xcept that any such animal or bird 
may be surrendered to an agent of the Wildlife 
Resources Commission. It is unlawful for any 
person holding a capti\'ity license issued under 
Paragraph (b) of this Rule to sell or transfer the 
animal or bird held under such license, except 
that such animal or bird may be surrendered to 
an agent of the Commission, and any such 
licensee ma\' sell or transfer the animal or bird to 
another person who has obtained a Ucense to 
hold it in captivity. Upon such a sale or transfer, 
the seller or transferor shall obtain a receipt for 
the animal or bird showing the name, address, 
and license number of the bu>'er or tnmsferee, a 
copy of which shall be transmitted to the Wildlife 
Resources Commission. It is unlawful for any 
person to release into the wild for an\' purpose 
or allow to range free an\ species of deer or any 
wolf. co\otc, or other nonindJLienous member of 
the famil\- Canidae. 



(e) Applicability of Section. Th^ i 
ef A» rul e s containod m y«s Section chull !*»*■ 
apply te holdoro ef Ae following liconoos: The 
following licenses include authority for incidental 
transportation and possession of wildlife co\ered 
under the license: 

(Ij Wildlife and fish collection licenses [G.S. 
113-272.4; 15A NCAC lOB .0119; 15A 
-NCAC IOC .0214]; 

(2) Controlled shooting preserve license [G.S. 
113-273(gj; 15A NCAC lOH .0100]; 

(3) Commercial trout pond license [G.S. 
113-273(c); 15A NCAC lOH .0400(; 

(4) Fish propagation license [G.S. 113-273(e); 
15A NCAC lOH .0700]; 

(5) Falconry permit and license JG.S. 
113-270.3(b)(5); 15A NCAC lOH .0800]; 

(6) Game bird prorojation propagation li- 
cense (G.S. 113-273(h); 15A NCAC lOH 
.0900]; 

(7) Furbearer propagation license [G.S. 
113-273(1); 15A NCAC lOH .1100[. 

Statutory Authoritv G.S. 113-134; 113-272.5; 
113-274; 113-292. ' 

.0302 MINIMUM STAND.\RDS 

(a) Fxemptions. Publicly financed zoos, sci- 
entific and biological research facilities, and in- 
stitutions of higher education ^ . hall h^ are exempt 
from all of the minimum standards put forth in 
this Rule for all birds and animals e.xcept the 
black bear. The foUowing are deemed the mini- 
mum standards for holding the species indicated 
in captivity by all other licensees. 

(b) Deer and other species of the family 
Cervidae 

(1) F'nclosure. The enclosure shaU be on a 
well-drained site containing trees or brush 
for shade. The minimum size of the en- 
closure shaU be not less than one-haLf acre 
for the first three animals and an addi- 
tional one-fourth acre for each additional 
animal held. The enclosure shall be sur- 
rounded by a sturdy fence at least 10 feet 
high, dog-proof to a height of at least six 
feet. No exposed barbed wire or 
protruding nails shall be permitted within 
the enclosure. A roofed building large 
enough to provide shelter in both a 
standing or a lying position for each deer 
must be provided. This building shaU be 
closed on three sides and provided with a 
wooden floor. It shall be constructed at 
least 10 feet from the fence. 

(2) Sanitation and Care. Permittees sh;ill 
provide an ample supply of clear water 
and salt at all times. Food shall be placed 



NORTH CAROLINA REGISTER 



920 



PROPOSED RULES 



in the enclosure as needed, but in any 
case, not less than three times weekly. 
Straw and leaf litter, replenished every 
week, shall be used as a floor covering in 
the shelter. An effective program for the 
control of insects, ectoparasites, disease, 
and odor shall be established and main- 
tained. The animal must be protected 
against fright. Domestic livestock and 
dogs shall be excluded from the enclosure. 

(c) Wild Boars 

(1) Iinclosure. Ihe enclosure shall be on a 
site containing trees or brush for shade. 
The minimum size of the enclosure shall 

be not less than one-half acre for the first 
three animals and an additional one- 
fourth acre for each additional animal 
held. The enclosure shall be surrounded 
by a sturdy fence at least five feet high. 
No exposed barbed wire or protruding 
nails shall be permitted within the enclo- 
sure. A roofed buUding large enough to 
provide shelter in both a standing or a ly- 
ing position for each boar must be pro- 
vided. This building shall be closed on 
three sides and provided with a wooden 
or concrete floor. A pool of water for 
wallowing or a sprinkler system shall be 
proN'ided on hot days. 

(2) Sanitation and Care. Permittees shall 
provide an ample supply of clear water at 
all times. Food shall be placed in the en- 
closure as needed, but in any case, not less 
than three times weekly. \n etlective 
program for the control of insects, 
ectoparasites, disease, and odor shall be 
established and maintained. 

(d) Wild Birds 

(1) Enclosure. The enclosure shall be large 
enough for the bird or birds to assume all 
natural postures. The enclosure shaU be 
designed in such a way that the birds 
cannot injure themselves and are able to 
maintain a natural plumage. Protection 
from excessive sun, weather, and pre- 
dation shall also be provided. 

(2) Sanitation and Care. The cage shall be 
kept clean, dry, and free from molded or 
damp feed. yVmple food and clean water 
shall be a\ailable at all times. 

(e) Alligators 

( 1 ) Enclosure. The enclosure shall be sur- 
rounded by a sturdy fence so as to pre\cnt 
contact between the observer and 
alligator. 1 he enclosure shall contain a 
pool of water large enough for the animal 
to completely submerge itself. If more 
than one animal is kept, the pool must be 



large enough for all animals to be able to 
submerge themselves at the same time. 
A land area with both horizontal dimen- 
sions being at least as long as the animal 
shall also be provided. In case of more 
than one animal, the land area shall have 
both horizontal dimensions at least as 
long as the longest animals to occupy the 
land area at the same time without over- 
lap. 

(2) Sanitation and Care. The water area must 
be kept clean and adequate food provided. 
Protection shall be provided at all times 
from extremes in temperature, 
(f) Black Bear 

(1) Educational Institutions and Zoos Oper- 
ated or Established by Governmental 
Agencies 

(A) Enclosure. A permanent, stationax)' 
metal cage, at least eight feet wide by 12 
feet long by six feet high and located in 
the shade or where shaded during the aft- 
ernoon hours of summer, is required. 
The cage shall have a concrete floor in 
which a drainable pool one and one-half 
feet deep and not less than four by five 
feet has been constructed. The bars of the 
cage shaU be of iron or steel at least one- 
fourth inch in diameter, or hea\y gauge 
steel chain link fencing ma>' be used. The 
gate shall be equipped with a lock or 
safety catch, and gu;u-d rails shall be 
placed outside the cage so as to prevent 
contact between the observer and the 
caged animal. The cage must contain a 
den at least five feet long b\' five feet wide 
by four feet high and so constructed as to 
be easily cleaned. A "scratch log" shall 
be placed inside the cage. The cage shall 
be equipped with a removable food 
trough. Running water shall be pro\ided 
for flushing the floor and changing the 
pool. 

(B) Sanitation and Care. Adequate food 
shall be provided daily; and clean, clear 

• drinking water shall be a\ailable at all 
tirnes. In hot weather, the floor of the 
cage and the food trough shall be flushed 
with water and the water in the pool 
changed daily. The den shall be flushed 
and cleaned at least once each week in hot 
weather. An effective program for the 
control of insects, ectoparasites, disease. 
and odor shall be established and main- 
tained. Brush. can\as, or other suitable 
material shall be placed o\"er the cage to 
provide additional shade when necessan,'. 
The use of coUars. tethers or stakes to re- 



92/ 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



strain the bear is prohibited, except as a 
temporary safety device. 
(2) Conditions Simulating Natural Habitat. 
Black bears held in captivity by other than 
educational institutions or governmental 
zoos must be held without caging under 
conditions simulating a natural habitat 
approved by the Wildlife Resources 
Commission. For a holding facility to be 
deemed in simulation of a natural habitat, 
the following conditions must e.xist: 

(A) The method of confinement is by chain 
link fence, wall, moat, or a combination 
of such, without the use of chains or 
tethers. 

(B) The area of confinement is at least one 
acre in extent for one or two bears and an 
additional one-eighth acre for each addi- 
tional bear, and bears are free, under 
normal conditions, to move throughout 
such area. 

(C) At least one-half of the area of con- 
fmement is wooded with living trees, 
shrubs and other perennial \egctation ca- 
pable of providing shelter from sun and 
wind. 

(D) The area of confinement contains a 
pool not less than one and one-half feet 
deep and not less than four by five feet in 
size. 

(E) Provision is made for a den for each 
bear to which the bear may retire for rest, 
shelter from the elements, or respite from 
pubhc observation. 

(F) The area of confinement presents an 
overall appearance of a natural habitat 
and affords the bears protection from 
harassment or annoyance. 

(G) Provisions are made for adequate food 
and water and for maintenance of sanita- 
tion. 

(H) No circumstance exists which is calcu- 
lated to avoid, circum\'ent, defeat or sub- 
vert the purpose of the law or these 
regulations. 

(I) The apphcant demonstrates by satisfac- 
tory evidence that he owns or has long- 
term control of the real property upon 
which the holding facility is located, 
(gj Other Wild Animals 
(1) Fnclosure. The enclosure must pro\ide 
protection from excessive sun, weather 
and free-ranging animals. A den area in 
which the animal can escape from view 
and large enough for the animal to turn 
around and lie down must be pro\ided for 
each animal within the enclosure. No 
tethers or chains will be used to restrain 



the animal. Either a tree limb, exercise 
device, or shelf large enough to accom- 
modate the animal must be provided to 
allow for exercise and climbing. 
The single-animal enclosure for the ani- 
mals listed in t)iis Subparagraph shall be 
a cage with the following minimum di- 
mensions and horizontal areas: 



Animal 



Dimensions in Feet 

Length Width 



Cougar 
Bobcat, Otter 


10 


9 

5 


Raccoon, f-ox, 
Woodchuck 
Opossum, Skunk, 
Rabbit 
Squirrel 


8 

6 
4 


4 

3 
2 


Height 




Sq. Ft. 
Per Animal 



5 
4 
3 

2 



50 
32 
18 



For animals not listed above or mentioned 
elsewhere in this Rule, single animal enclo- 
sures shall be a cage with one horizontal di- 
mension being at least four times the 
nose-rump length of the animal and the 
other horizontal dimension being at least 
twice the nose-rump length of the animal. 
The vertical dimensions shall be at least 
twice the nose-rump length of the animal. 
Under no circumstances shall a cage be less 
than four feet by two feet by two feet. 

For multiple animal enclosures, the mini- 
mum area of horizontal space shall be de- 
termined by multiplying the required square 
footage for a single animal by a factor of 1.5 
for one additional animal and the result by 
the same factor, successively, for each addi- 
tional animal. The vertical dimension for 
multiple animal enclosures shall remain the 
same as for single animal enclosures. 

The young of any animal ma\' be kept with 

the parent in a single-animal enclosure only 

until weaning. After weaning, if the animals 

are kept together, the requirements for 

multiple-animal enclosures must be met. 

(2) Sanitation and Care. Fresh food shall be 

provided daUy, and clean water shall be 

available at all times. An effective pro- 



NORTH CAROLINA REGISTER 



922 



PROPOSED RULES 



gram for the control of insects, 
ectoparasites, disease, and odor shall be 
established and maintained. 

Statutoiy Authorily G.S. I9A-I1; 1/3-/34; 
// 3-27 2.5: 1/3-292. 

TITLE 25 - OFFICE OF STATE 
PERSONNEL 



No 



otice is hereby given in accordance with G.S. 
/SOB-/ 2 that the Of/ice of State Personnel; State 
Personnel Commission intends to adopt rules cited 
as 25 \C.IC /[■: ./30/ - ./307. 



Th 



he proposed effecti\'e date of this action is .May 
/. /990. 



Th 



he public hearing will be conducted at 9:00 
a.m. on February 2. /990 at /O/ West Peace 
Street, Raleii^h. N.C. 



Co 



omnient Procedures.- Interested persons may 
present statements orally or in writing at tlie 
hearing or in writing prior to the hearing by mail 
addressed to: Drake Mavnard, OSP, J/6 IV. 
./ones Street. Raleigh, N.C.', 276//. 



( IIAl'IKR 



Ol FICE OF STATE PERSONNEL 



SUBCHAPTER IE - EMPLOYEE BENEFITS 



SECTION J300 



\OLLNTARY SHARED LEA\E 
PROGRAM 



.1301 PURPOSE 

There are occurrences brouglit about by per- 
sonal hardship, catastrophic or emergency con- 
ditions that cause employees to exhaust aU 
available leave and therefore be placed on leave 
without pay. It is recognized that such employ- 
ees forced to go on leave without pay could be 
without income at the most critical point in their 
work life. It is ;dso recognized that feUow em- 
ployees may wish to donate \oluntarily some of 
their \'acation leave so as to provide assistance to 
a feUow state employee. This pohcy pro\ides an 
opportunity for employees to assist another em- 
ployee on a one to one basis, when a personal 
emergency requires absence from duty for a pe- 
riod of time, resulting in a loss of income due to 
a lack of accumulated leave. It does not pcnnit 
"banking" of lea\e. 

Statutoiy .Authority G.S. /26-4. 

.L<02 POLICY 



(a) In those cases of personal hardship, catas- 
trophe, or emergency condition an employee 
may apply for or be nominated to become a re- 
cipient of leave transferred from the vacation 
leave account of another employee. Personal 
hardship, catastrophe, or emergency means a 
medical or family emergency or other hardship 
situation that is likely to require an employee's 
absence from duty and to result in a loss of in- 
come to the employee because of the lack of 
available leave. 

(b) An employee who has a personal disability 
and who receives benefits from the Disability In- 
come Plan of North Carolina (DIPNC) is not 
eligible to participate in the shared leave pro- 
gram. 

(c) Participation in this program may not ex- 
ceed 20S0 hours, either continuously or, if for the 
same condition, on a recurring basis. 

Statutoiy .Authority G.S. /26-4. 

.1303 ADMINISTR.\TION 

WTicn implemented by a department or univer- 
sity, this program shall be administered by and 
within the parent department or university of the 
recipient employee under the conditions set out 
in the following rules. 

Statutory .Autlwrity G.S. /26-4. 

.1304 QLAI.IFMNG TO PARI ICIPATE IN 
\ OLLNTARY SII.VRED LEAVE 
PROGRAM 

In order to participate in the Voluntary Shared 
Lea\'e Program, an employee must meet the fol- 
lowing conditions: 

(1) Irmployee must be in permanent, 
probationary, or trainee appointment status. 

(2) By letter of application to the agency head, 
recipient shall apply, or be nominated to 
participate in the program. 

(3) .Application for participation would include 
name, social security number, classillcation, 
parent agency, jurisdiction from which do- 
nations of leave would be requested, de- 
scription of emergency, catastrophic, or 
hardship condition and estimated length ot 
need to participate in the program. Prior to 
making the employee's status public for 
purpose of recei\ing shared leave, employees 
must sign a release to allow the status to be 
known. 

(4) The parent department or uni\ersity shall 
re\ iew the merits of the request and approve 
or disappro\'e. Agency heads may chose to 
delegate the responsibility for reviewing the 



92.? 



NORTH CAROLIN.A REGISTER 



PROPOSED RULES 



validity of requests to an existing peer group 
or establish a committee for this purpose. 

(5) Establishment of a leave "bank" for use by 
unnamed employees is expressly prohibited. 

(6) An agency with less than 200 employees 
may, with concurrence of another agency 
and with prior approval of the State Per- 
sormel Director, establish agreements to be 
treated as one agency for purposes of this 
policy. 

(7) For program evaluation purposes, the de- 
partment or university shaU forward a copy 
of each application for recipients received, 
indicating approval or disapproval, to the 
Office of State Personnel. 

Statutoty Authority G.S. 126-4. 

.1305 P.\RTICIP,VriON REQLIRK.MEN TS 

(a) A donor may contribute only vacation 
leave. 

(b) Minimum amount to be donated is one 
hour. 

(c) The ma.ximum amount of leave allowed to 
be donated by one individual is to be no more 
than the amount of the indi\idual's annual ac- 
crual rate. However, the amount donated is not 
to reduce the donor's vacation leave balance be- 
low one-half of the annual vacation leave accrual 
rate. 

(d) Lea\e donated to a recipient's leave account 
is exempt from the maximum accumulation 
carry-over restrictions at calendar year end. 

(e) An employee may not directly or indirectly 
intimidate, threaten, coerce, or attempt to intim- 
idate, threaten, or coerce, any other employee for 
the purpose of interfering with any right which 
such employee may ha\e with respect to donat- 
ing, receiving, or using annual leave under this 
program. Such action by an emplo\'ee shall be 
grounds for disciplmar>' action up to and includ- 
ing dismissal on the basis of personal conduct. 
Indi\'idual leave records are confidential and only 
indi\idual employees may reveal their donation 
or receipt of lea\e. 

Statutoty Authority G.S. 126-4: 126-22. 

.1306 DONOR LEAVE .ACCOUNTING AND 
USAGE PROCEDl RES 

'I he following conditions shall control the ac- 
counting and usage procedures for lease do- 
nations in this program: 



(1) Each agency shall establish a system of 
leave account abihty which will accurately 
record leave donations and recipients use. 
Such accounts shall provide a clear and ac- 
curate record for financial and management 
audit purposes. 

(2) Withdrawals from recipient's leave account 
will be charged to the recipient's account 
according to usual leave policies. 

(3) Leave transferred under this program will 
be available for use on a current basis or 
may be retroactively substituted for leave 
without pay or used to liquidate advanced 
annual or sick leave granted to the leave re- 
cipient. Retroactivity is limited to 30 cal- 
endar days, from the implementation date 
of the policy in the agency. 

(4) At the expiration of emergency, cat- 
astrophic or hardship conditions, as deter- 
mined by the agency, any unused leave in 
the recipient's donated leave account shall 
be treated as follows: 

(a) The account balance may not exceed 240 
hours. 

(b) In case of the death of the employee, leave 
would be administered in accordance with 
25 NCAC IE .0210. 

(c) Any additional unused donated leave be- 
>ond 240 hours will be returned to the 
donor(s) on a pro rata basis. Less than 
one hour shall not be returned to an indi- 
\ idual donor. 

(d) Each approved emergency, catastrophic, 
or emergency condition shall stand alone 
and donated leave not used in accordance 
with the provisions of this Rule shall be 
considered as having served its purpose, 
shall lose its identity, and shall be deleted 
and the account closed. 

Statutory .Authority G.S. 126-4. 

.1307 DURATION OF PROGRAM 

Lhis program is for a two year period beginning 
at its etfective date and expiring two years from 
that date. This program will be e\aluated b\ the 
State Personnel Director during the two \ear pe- 
riod to determine if it meets its purpose. 'Lhe 
Director shall recommend continuiag, amending, 
or discontinuing the program for action b\' the 
State Personnel Commission. 

Statutory Authority G.S. 126-4. 



NORTH CAROLINA REGISTER 



924 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



TITLE/MAJOR DI\ ISIONS OF THK NORTH CAROLINA ADMINISTRATH E CODE 
TITLE DEPARTMENT 



1 

2 

3 

4 

5 

6 

7 

8- 

9 
10 
11 
12 
13 
14A 
15 
16 
17 
18 
19A 
20 
*21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Economic and Community Development, Department of 

Correction, Department of 

Council of State 

Cultural Resources, Department of 

Elections, State Board of 

Governor, Office of the 

Human Resources. Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control and Public Safety, Department of 

Environment, Health, and Natural Resources, Department of 

Public Education. Department of 

Revenue, Department of 

Secretary' of State, Department of 

Transportation. Department of 

Treasurer. Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Independent Agencies 

State Personnel, OtTice of 

Administrative I learinas. Office of 



NOTE: 1 itle 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSESG BOARDS 



2 
4 
6 

8 

10 
12 
14 
16 
18 
20 
21 

26 
28 
31 
32 
33 
34 
36 
37 
38 
411 
42 



^Arclntecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners, Board of 

Chiropractic I-xammers. Board of 

General Contractors, Licensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners. Board of 

Electrical Contractors. Board of Examiners of 

Eoresters. Board of Registration for 

Geologists, Board of 

Hearing .Aid Dealers and Fitters Board 

Landscape .-Vrchitects, Licensing Board of 

Landscape Contractors, Registration Board of 

Martial & Family Therapy Certification Board 

Medical Examiners. Board of 

Midwifcrs' Joint Committee 

Mortuary" Science, Board of 

Nursing, Board of 

Nursing Home .Administrators. Board of 

Occupational 1 herapists. Board of 

Opticians. Board of 

Optometry", Board of Examiners in 



925 



NORTH CAROLINA REGISTER 



NORTH CAROLl/WA ADAHNISTRA Til E CODE CLASSIFICA TION SYSTEM 



44 Osteopathic lixamination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy Examiners, Board of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatr)' Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NORTH CAROLINA REGISTER 926 



CUMULATIVE ISDEX 



CUMULATIVE ISDEX 

(April I9S9 - March 1990) 



1989 - 1990 



Paces 



Issue 



1 - 151 1- Apnl 

152 - 192 2- Apnl 

193 - 216 3- May 

217 - 2S9 4- May 

290 - 311 5- June 

312 - 364 6- June 

365 - 454 7- July 

455 - 477 S- July 

478 - 521 9- August 

522 - 5S4 10- August 

585- 616 11- September 

617 - 658 12- September 

659 - 712 13- October 

713 - 765 14- October 

766- 801 15- Noycmber 

802 - 825 16- Noycmber 

826 - 856 17- December 

857- 891 18- December 

892 - 929 19- Januar\- 



AO - AdmLnistrati\'e Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporan,' Rule 



ADMINISl RATION 

State Construction. 827 PR 

ADMINISTRAIIM. HKARINGS 

General, S"9 PR 
Hearings Diyision, 880 PR 
Rules Diyision. 880 PR 

ADMIMSTRATIA K ORDFR 

Admmistratiye Order. 4. 152. 802 

AGRICULTURE 



92 ■ 



\ORTH CAROLLXA REGISTER 



CUMULA TIVE INDEX 



Cotton Warehouse, 220 PR 

Markets, 217 PR, 546 PR 

Pesticide Board, 292 PR 

Plant Conser\ation Board, 196 PR 

Plant Industr\'. 153 PR. 218 PR, 895 PR 

State Fair, 217 PR 

CO.M.MLAITV COLLEGES 

Board of Community Colleges. 352 PR 

CORRECTION 

Departmental Rules, 815 FR 

Division of Pnsons. 472 FR. 646 FR. 759 FR. 817 FR, 883 FR 

CRIME CONTROL AND PUBLIC SAFETY 

Victim and Justice Services, 573 PR 

CULTURAL RESOURCES 

Archives and Histor.-, 370 PR, 455 PR. 593 PR. 720 PR 

Arts Council, 371 PR 

U.S.S. North Carolina Battleship Commission. 548 PR 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Ccmeter\- Commission, 198 PR. 766 PR 

Communitv Assistance. 858 PR 

Departmental Rules, 901 PR 

Finance Center, 368 PR 

Hazardous Waste \Iana2ement Commission, 716 PR, 834 PR 

Milk Commission, 455 PR, S34 PR 

Seafood Industrial Park Authority, 806 PR 

EDUCATION 

Flcmentary and Secondar\- Fducation, 253 PR, 295 PR, 511 PR, 739 PR, 843 PR 

ELECI IONS, STATE BOARD OF 

Departmental Rules, 661 PR 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management. 239 PR, 508 PR. 574 PR, 735 PR 

Community Assistance. 134 PR 

Departmental Rules. 601 PR 

Economic Opportunit\'. 178 PR 

Enviroimiental Manaccmcnt, IS PR, 160 PR, 202 PR, 238 PR. 295 PR, 347 PR, 

431 PR. 456 PR. 700 PR, 730 PR, 866 PR 
Governor's Waste Vlanaaement Board, 617 C 
Land Resources. 868 PR^ 
Manne Fisheries, 47 PR, 457 PR, 866 PR 
Wildlife Resources and Water Safety. 134 PR. 178 PR, 207 PR. 252 PR. 574 PR. 

700 PR, 738 PR, 776 PR, 809 PR, 872 PR, 903 PR 

EPS AL DECISION LEITERS 

Voting Rights Act, 5, 193. 367, 523, 587, 618, 659, 714, 803, 857 

FINAL RULES 

List of Rules Codified, 183 FR, 274 FR, 303 IR. 445 FR, 515 FR, 609 FR, 704 FR, 788 FR, 
847 FR 

GO\ ERNOR/LT. GOVERNOR 

Fxecutive Orders, 1, 290, 312, 365, 478, 522. 585, 713, 826, 892 



NOR TH CAROLINA REGIS TER 92S 



CUMULA TIVE INDEX 



JILMAN RKSOl RCKS 

Aging, Division of, 85^ PR 

Departmental Rules, 372 PR 

Facility Seniccs, 1Q9 PR, 377 PR, 594 PR 

Governor's Waste Management Board, 552 PR 

Health Scr\ices, 153 PR, 315 PR, 405 PR, 661 PR 

Medical Assistance, 158 PR, 294 PR, 455 PR, 549 PR, 601 PR, 620 PR, 722 PR, 808 PR 

Mental Health, Mental Retardation and Substance Abuse Ser\ices, 17 PR, 417 PR, 685 PR 

Social Senices, 550 PR, 773 PR 

Vocational Rehabilitation Services, 7 PR, 766 PR 

Water Treatment Facility Operators Board of Certification, 549 PR 

INDI PKNDEN T AC.KNCIES 

Housing Finance .Agency, 459 PR 

rNSlRANCE 

Admission Requirements, 836 PR 

Agent Senices Di\'ision. 561 PR 

Finsiincering and Building Codes, 775 PR 

Fire and Casuahv Division, 202 PR, 479 PR, 689 PR 

life. Accident and Heahh Division. 690 PR 

.irSTICE 

Criininal Justice Fducation and Training Standards Commission, 569 PR, 860 PR 

Private Protective Services Board, 621 PR 

Sheriffs Education and Training Standards Division, 491 PR 

LICFNSrSG BOARDS 

Architecture, 349 PR 

CPA Fxamincrs, 458 PR, 810 PR 

Flectrical Contractors, 741 PR 

General Contractors, 512 PR, 844 PR 

Geolosrists, Board for Ficensin? of, 878 PR 

Fandscape /Vrcliitects. 443 PR,^756 PR 

Medical Fxamincrs, 604 PR, 701 PR 

North Carolina Certification Board for Social Work, 179 PR 

Nursing, Board of, 296 PR, 778 PR 

Physical Therapy Examiners, 262 PR 

Plumbing and Heating Contractors, 757 PR 

Practicing Psychologists, 606 PR 

Sanitanan F'xamincrs, Board of, 785 PR 

ROEMF 

Depailmental Rules, 885 FR 
Sales and Use Tax, 353 FR 

STATE PERSONNEL 

State Personnel Commission, 181 PR, 210 PR, 265 PR, 461 PR, 624 PR, 786 PR, 923 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 524 S(^ 

TRANSPORTAIION 

Division of Motor Vehicles, 140 FR, 607 FR, 648 FR 



929 .\OR TH CA ROLL\'A REGIS TER 



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